Board Minutes - July 6, 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 9:10 a.m., on Tuesday, July 6, 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 Hambleton provided the Invocation, and Supervisor Dorame led the Pledge of Allegiance.  
 
Public Comment

The Chairperson announced the public comment period and Ms. Irene Jensen of Lone Pine addressed the Board.  Ms. Jensen, identified three areas she has concern with, which were (1) the problem with wheel chair access in Bishop restaurants; (2) the Dial-a-Ride’s inability to properly secure wheel chairs in the buses; and (3) the City of Los Angeles’ dealings in the Owens Valley.  At the conclusion of Ms. Jensen’s remarks, Supervisor Dorame, Fifth District Supervisor, thanked her for her continuing concerns and willingness to share these concerns with him and the Board.

 

County Dept. Reports

The Chairperson announced the County Department Report period.  Mr. Chuck Hamilton, Deputy County Administrator, informed the Board that a Household Hazardous Waste event would be taking place, this Saturday, June 10, 2004, at the Bishop-Sunland Landfill, between 9:00 a.m., and 12:00 p.m.

 

BofS/Owens Valley Literacy Month Proclamation

Ms. Katy Walton, Altrusa and Ms. Charlander Hill, Northern Inyo Hospital, addressed the Board to provide additional information regarding the request to proclaim July as Owens Valley Literacy Month.  At the conclusion of the discussion, Ms. Walton informed the Board in lieu of book donations those wishing to assist the literacy efforts could donate monetarily by sending their checks made payable to the Eastern Sierra Community College Foundation, to P. O. Box 1795, Bishop, CA  93515.  Ms. Walton also noted that monetary donations are tax deductible.  At the request of the Chairperson, the proclamation was read into the record.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to proclaim the Month of July 2004, as Owens Valley Literacy Month.  Motion carried unanimously.

 

Forest/Inyo Forest Update

Mr. Jeff Bailey, Forest Supervisor, and Ms. Mary De Aguero, District Ranger, updated the Board on a variety of Forest Service issues, including the Furnace Creek Road and the 100-year celebration for the Mt. Whitney Trail.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:25 a.m., reconvening at 10:35 a.m., with all Board Members present.

 

District/ Tecopa Cemetery District Appointment

Moved by Supervisor Williams and seconded by Supervisor Dorame to appoint Crystal Aldrich to the Tecopa Cemetery District Board of Trustees, to complete an unexpired four-year term ending June 12, 2007.  Motion carried unanimously.

 

District/Bishop Fire Protect. Dist. Appointment

Moved by Supervisor Williams and seconded by Supervisor Dorame to reappoint  H. B. “Lefty” Irwin to the Bishop Rural Fire Protection District Board of Commissioners, to complete a four-year term ending July 1, 2008.  Motion carried unanimously.

 

COA-Info Serv./ Symantec Renewal

Moved by Supervisor Williams and seconded by Supervisor Dorame to A) approve the annual maintenance renewal of Symantec Antivirus software for the County from GHA Technologies in an amount not to exceed $3,455 and B) authorize the County Administrator to approve future maintenance renewals for this software, contingent upon the Board’s adoption of future budgets.  Motion carried unanimously.

 

Integ. Waste/ Hauling Area B Increases

Moved by Supervisor Williams and seconded by Supervisor Dorame to A) make the finding that the establishment of the maximum rate schedule for Waste Hauling Services Area B is exempt under CEQA Guideline 15273; B) direct the Deputy County Administrator to file the Notice of Exemption as required by law; C) find that the public health, safety, welfare, convenience and necessity require the granting of the requested permit for Waste Collection Area B; D) authorize the Deputy County Administrator to issue a solid waste collection/transportation permit to the applicant for Waste Collection Area B.  Motion carried unanimously.

 

Resol. #2004-25/ Area B Rates

On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-25 was adopted, establishing the maximum rate schedule for Waste Collection Area B:  motion unanimously passed and adopted.

 

Parks/Tinemaha Campground Lease

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the lease between the County of Inyo and the Los Angeles Department of Water and Power (LADWP) for property utilized for the Tinemaha Creek Campground for the period of December 1, 2003, through November 20, 2008, at the rate of $500 per year, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

CAO-Purchasing/ 2004-05 Office Supplies P.O. Authorization

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the purchase of office supplies and consumable computer/printer supplies for FY 2004/05 from Office Depot through the U.S. Communities Government Purchasing Alliance (GPA/Los Angeles County Contract #41421;) approve purchase orders that exceed $2,000 to be issued to Office Depot throughout the fiscal year; and authorize payment from the Purchasing Revolving Budget.   Motion carried unanimously.

 

HHS-Behavioral Hlth./Dogris Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Nicholas J. Dogris, Ph.D., for the provision of mental health services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $10,000, contingent upon the Board’s adoption of an FY 2004-05 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Sierra Vista Placement Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Braswell Enterprises dba Sierra Vista for the provision of mental health placement services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $48,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Hlth. Serv./ State Immunization Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and the California Department of Health Services for the provision of Immunization Outreach, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $20,468, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Symons Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Symons Emergency Specialties, Inc., for the provision of emergency transportation services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $15,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

HHS-Social Serv./Community Serv. Solutions Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Community Services Solutions for Employer of Record Services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $94,647, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Planning/Office Equipment P.O.

Moved by Supervisor Williams and seconded by Supervisor Dorame to award the bid for and approve the purchase of office equipment as recommended by Staff in an amount not to exceed $2,099.81.  Motion carried unanimously.

 

P.W./Dr. Drain Emergency P.O.

Moved by Supervisor Williams and seconded by Supervisor Dorame to authorize paying Doctor Drain, Inc., $3,145 for the emergency removal of a blockage in the main sewer line that serves County Service Area #2/Aspendell.  Motion carried unanimously.

 

Sheriff/Identix Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Identix, Inc., for the provisions of services and maintenance of Identix equipment, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $12,431.38, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

BofS/Amargosa River Update

At the request of Mr. Brian Brown and Supervisor Michael Dorame, the update on the Amargosa Wild and Scenic River Designation, was pulled from the Agenda.

 

E. Health/Fee Ordinance Public Hearing.

The Chairperson opened the public hearing at 10:38 a.m., to consider a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Various Parts of Section Six of Inyo County Ordinance Number 1016 and the Corresponding Sections of Chapter 7.52 of the Inyo County Code to Increase Certain Fees in the Environmental Health Services Fee Schedule, and Amending Section 7.52.030 of that Chapter to Provide for Annual Adjustments to that Fee Schedule.”  Mr. Dave Oldenburg, Interim Environmental Health Director, reviewed the Staff Report and recommendations.  He explained that the increases should help cover increased Program costs.  Mr. Oldenburg confirmed that the Department has received no comments from the public concerning the proposed increases.  There being no one else wishing to address this issue, the Chairperson closed the public hearing at 10:45 a.m.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to waive the first reading of the ordinance and schedule the enactment for 10:05 a.m., Tuesday, July 13, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

 

CAO-Budget/ Wkly. Discussion

The County Administrator informed that Board that there are no budget issues to be discussed.   He went on to inform the Board that he had, in keeping with prior decisions of the Board, informed our local legislators that Inyo County was opposing Constitutional Amendment No. 9, which would negate a number of the protections the counties had received under the counties’ agreement with the Governor and alternative budget proposal, which CSAC and the counties continue to support.  He explained that both Assemblyman Maze and Senator Ashburn’s offices confirmed that neither legislator was supporting the Amendment.

 

Integ. Waste/ Jacobson Helgoth Contract

The Deputy County Administrator, Mr. Chuck Hamilton, explained that the County in the past had contracted for these services through the JPA.  He went on to explain that it has been determined that it is less costly for the County to contract directly with Jacobson-Helgoth, and thus, the recommendation for approval of the Contract.  Mr. Hamilton confirmed that the contract amount is less than in the past, and constitutes a savings for the Program.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Jacobson-Helgoth Associates for consulting services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $199,200, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Auditor/Great Basin APCD Contract

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Great Basin Unified Air Pollution Control District for the provision of financial services, for the period of July 1, 2004, through June 30, 2005, in the amount of $36,057, and authorize the Chairperson to sign.  Motion carried unanimously.

 

Planning/Walters Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Jim Walters for environmental review services (preparation of an EIR) for TTM #239/Walters (Whitney Portal Preserve Subdivision), for the period of July 6, 2004, through June 30, 2005, in an amount not to exceed $72,194, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Sheriff/Recruit-ment Authorization

Sheriff Dan Lucas addressed the Board to provide additional information and further justification for the request to fill vacancies in his Department.  The Sheriff asked the Board to consider changing the request to include a second Correctional Officer position, explaining that he had just received information that he would be losing a second Correctional Office in the near future.  The Board, County Administrator and Sheriff discussed the request with the County Administrator suggesting the Board defer the decision on this item to Budget Hearings.  Mr. Mendez explained that a delay in making decision on the hiring request would not interfere with the recruitment process, which will proceed in order to establish both the Correctional Officer positions and the Deputy position.  Supervisor Hambleton indicated that he was fully supporting this hiring request, explaining that  a delay will not change his decision to support the request.  The County Administrator acknowledged and shared the Board’s support of the request, explaining that he was only recommending to delay to preserve the Board’s flexibility concerning the overall budget.  The Sheriff responded to questions regarding his staffing levels, and explained that while he was hoping the County’s policy to pay for P.O.S.T. training would result in a more secure Sheriff/Jail workforce, it has only resulted in his office being the training ground for other law enforcement agencies in the area.  The Board, the Sheriff, the County Administrator and County Counsel discussed the County’s ability to recover training costs, with the Board directing Staff to develop recommendations regarding a training reimbursement employment policy for Board consideration.  
 

Moved by Supervisor Dorame and seconded by Supervisor Bear to suspend the hiring freeze and authorize the recruitment and filling of the following positions in the Sheriff’s Department: A) two full-time Correctional Officer I, positions at Range 52 ($2,110 - $2,564) and B) one full-time Deputy Sheriff, at Range 64SC ($3,363 - $4,094).  Motion carried unanimously.

 

BofS/Minute Approval

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Regular Meeting of June 1, 2004.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear abstaining.

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Special Meeting of June 7, 2004.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear abstaining.

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the minutes of the Board of Supervisors Regular Meeting of June 8, 2004.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes for the morning session of the Board of Supervisors Special Meeting of June 9, 2004.  Motion carried unanimously, on a three-to-zero vote, with Supervisors Arcularius, Williams and Hambleton voting yes, and with Supervisors Bear and Dorame abstaining. 

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the minutes of the afternoon session of the Board of Supervisors Special Meeting of June 9, 2004.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear abstaining.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the minutes of the Board of Supervisors Special Meeting of June 10, 2004.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear abstaining.

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the minutes of the Board of Supervisors Special Meeting of June 11, 2004.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear abstaining.

Supervisor Dorame requested that the minutes for the June 15, regular meeting, be amended as follows:  page 5, second paragraph, “…Ciernak, Olancha Cartego area to Lone Pine” and page 7, fourth and fifth paragraph, the “Transient Use Tax” be changed to “Transaction and Use Tax.”   Moved by Supervisor Bear and seconded by Supervisor Dorame to approve the minutes of the Board of Supervisors Regular Meeting of June 15, 2004, as amended.  Motion carried unanimously.

 

BofS/Constituent Comment

Mr. Vernon Lawson of Cartago, addressed the Board to complain about what he perceived was the County’s neglect of the south County and in particular the Cartago area regarding road improvements and building inspections.  Fifth District Supervisor Michael Dorame responded to Mr. Lawson by explaining that in the past several years the County had spent over $8-million countywide on roads and over half of that or $4-million had been spent on south County roads.  
 

Mr. Jeff Jewett, Public Works Director, provided clarification on the types of building inspection services, which are provided by the County.  He informed the Board that at the present time Mr. Lawson has not even applied for a building permit and what Mr. Lawson was actually requesting was for assistance from the County regarding development issues.  Mr. Jewett clarified that the County’s primary responsibilities and priorities regarding building inspections fall to those individuals who have a valid County building permit and whose projects are on construction timelines for scheduled and legally mandated inspections.   The Board informed Mr. Lawson that the services he was expecting from the County were available from the private sector, explaining that public jurisdictions are cautious about the perception of competing with the private sector.  
 

The Board and Mr. Jewett went on to explain to Mr. Lawson the difference between “paper roads” and those roads, which are a part of the County’s maintained mileage system.  The Board also explained to Mr. Lawson that the requirement for roads and their improvement falls to the developers and not the taxpayers of the County.  Supervisor Dorame and Mr. Jewett highlighted those roads that Mr. Lawson was expecting to be maintained, which are not and have never been accepted into the County’s road system.  
 

In addressing Mr. Lawson’s concerns, Mr. Jewett, acknowledged that Mr. Lawson’s road issues were the same as those in the Stewart Valley area.  The Board and Mr. Jewett went on to discuss and redefine parameters for the road workshop, which was scheduled as a result of the Stewart Valley Estates discussion early in June. 

 

District/So. Inyo Hospital District

Regarding the request by the Southern Inyo Hospital District for consolidation of their District election with the statewide general election, County Counsel, Mr. Paul Bruce, noted for the record that the legal citation provided by the District was incorrect.  He went on to provide the Board with the correct citations for their authority to order the consolidation.  Mr. Bruce also confirmed for the Board that while they do not have the authority to correct the Hospital District’s resolution the Board of Supervisors does have the ability to order the consolidation.  The County Administrator in responding to questions from the Board confirmed that the Hospital District is required to pay whatever the costs are for their portion of the election.  The Board and staff went on to discuss the ramifications of the Board not approving the District’s request until the District had the opportunity to correct their resolution, with the Board consensus being that they did not want to place an undue hardship on the District due to the District’s error.  Moved by Supervisor Dorame and seconded by Supervisor Bear to order that the Southern Inyo Hospital District Election be consolidated with the statewide general election on November 2, 2004.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:20 p.m., reconvening at 1:30 p.m., in closed session with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 29.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case - 2004-2005 Annual Operations Plan 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. 30. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) – Decision Whether to Initiate Litigation (one case); No. 31.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Deputy Sheriff’s Association (DSA) - Negotiator - County Administrative Officer & Personnel Analyst; No. 32.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Law Enforcement Administrators’ Association (LEAA) - Negotiator - County Administrative Officer & Personnel Analyst; and No. 33.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation – Title:  County Administrative Officer.  With the notification from the Vice Chairperson that she was excusing herself from the remainder of the meeting and after the Chairperson also indicated that he would be excusing himself from the remainder of the meeting, Supervisor Hambleton appointed last year’s Chairperson Supervisor Arcularius as the Acting Chairperson.  At 4:20 p.m., Supervisors Bear and Hambleton left closed session.

 

Report on Closed Session

The Chairperson recessed closed session at 6:10 p.m., to convene in open session to receive a report on closed session.  County Counsel reported that with regards to Agenda Item No. 29.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case - 2004-2005 Annual Operations Plan 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, the Board in a unanimous vote, with Supervisors Arcularius, Bear, Hambleton, Williams and Dorame voting yes, directed Staff to initiate Dispute Resolution on the 2004-05 Annual Operations Plan and related issues. 

 

Adjournment

The Chairperson adjourned the regular meeting at 6:10 p.m., to 8:00 a.m., July 13, 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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