County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  The Treasurer-Tax Collector addressed the Board regarding an open letter (memorandum) he had sent to the press, personally criticizing the Board, the County Administrator and County Counsel. 

The Chairperson acknowledged the County Administrator, who read into the record a letter responding to the Treasurer-Tax Collectors memorandum dated 9-1-04.  At the conclusion of Mr. Mendez’ comments, Supervisor Hambleton commented on what he thought predicated the letter, explaining that he felt it was an attempt by the Treasurer-Tax Collector to unduly influence the upcoming election. Supervisor Hambleton then submitted for the record a letter he had written to provide accurate information regarding items addressed in the memorandum.  Supervisor Dorame addressed the Board from the podium to express his total astonishment to and frustration over the inaccuracies and personal attacks, which were contained in the memorandum.   Supervisor Williams also made a brief comment about the contents of the memorandum.

Rd. Dept/Tree Removal

Moved by Supervisor Dorame and seconded by Supervisor Williams to authorize Verizon personnel to remove a large tree in the road right of way at 450 W. Payne Street, in Independence.  Motion carried unanimously.

Resol. #2004-43/ Notice of Completion

HHS-First 5 Comm./Health Reach Associates Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve Amendment No. 1 to the Contract Between the County of Inyo and HealthReach Associates, Inc., which includes changes in the Scope of Work, Schedule of Fees and Schedule of Travel and Per Diem, for the provision of Fiscal Reimbursement Consulting Services in an additional amount of $1,599.40, for a total amount not to exceed $11,599.40 for the period of April 20, 2004, through December 1, 2004; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Hlth Serv./ Declaration to Not Apply

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Fiscal Year 2004-05 “Declaration of Intent Not to Apply” for Rural Health Services Funds; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Behavioral Hlth./Gonzalez Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Maria Lourdes Gonzalez, LMFT, for the provision of mental health services in an amount not to exceed $10,000 for the period of September 1, 2004, through June 30, 2005; and authorize the Chairperson to sign.  Motion carried unanimously.

Coroner/Stinnett Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Contract between the County of Inyo and William D. Stinnett for the provision of deputy coroner services for the period of August 1, 2004, through June 20, 2005, at the rate of $680 per month, and a total not to exceed of $9,960; and authorize the Chairperson to sign.  Motion carried unanimously.

CAO-Admin. Serv./CDF Inmate Assisted Projects Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Interagency Agreement between the County of Inyo and California Division of Forestry (CDF) for inmate assisted maintenance projects in an amount not to exceed $23,373, for the period of July 1, 2004, through June 30, 2007, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Parks/Play Equipment Mendenhall Park

Moved by Supervisor Dorame and seconded by Supervisor Williams to award the bid for and authorize a purchase order for the construction of swing set play equipment at Mendenhall Park to Little Tykes Commercial Play Systems of Huntington Beach c/o Pacific Design Concepts, in an amount not to exceed $8,966.27 and adopt the Notice of Exemption and certify the requirements of the California Environmental Quality Act (CEQA) have been satisfied.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:10 a.m., reconvening at 11:25 a.m., with all Board Members present.

CAO-Water Dept. Reorg. Workshop

The Chairperson explained that the workshop with the Water Department would be delayed to the end of today’s session. 

Auditor/Coso Repayment Calculations

The Auditor-Controller, Ms. Leslie Chapman, reviewed the information, which contained the calculations and payment information regarding Coso.  The County Administrator, Mr. Rene Mendez, provided additional information regarding the sequence of events, which had resulted in the payment plan, which was being submitted.  County Counsel, Mr. Paul Bruce, acknowledged Mr. Robert Rubin, Esq., Mr. David Casale and Mr. Joe Grego representing Coso who were in the audience, with Mr. Rubin and Mr. David Casale briefly addressing the Board to concur with the payment plan.  Mr. Bruce requested that the Board consider accepting the calculations and payment plan contingent upon the Board of Equalization’s approval of the Stipulation of Value, which will be considered during their meeting later this afternoon.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to accept the calculations and payment information as a tool to help in the decision process as the negotiation process with Coso proceeds, contingent upon the Board of Equalization’s approval of Stipulations of Value to be considered during their meeting this afternoon, and authorize the Chairperson to sign this stipulations contingent upon the Stipulations of Value being approved by the Board of Equalization.  Motion carried unanimously. 

Admin. Serv./Fee for Commercial Filming & Photography

The Chairperson opened the public hearing at 11:50 a.m., to consider a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of inyo, State of California, Establishing Fees for Commercial Filming and Photography on County Roads, Facilities and Property.”  Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff Report and recommendations and responded to questions from the Board.  There being no one from the public wishing to address this item, the Chairperson closed the public hearing at 11:59 a.m.  The Board directed Staff to revise the ordinance to include a section, which provides a benefit for giving the County of Inyo film and print ad location acknowledgement.  Mr. Hamilton explained that the ordinance would be revised and the ordinance adoption process would begin again. 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:00 p.m., reconvening at 1:10 p.m., with all Board Members present.  The Chairperson immediately recessed the regular meeting to convene as the Board of Equalization.  (See separate minutes.)  The Chairperson reconvened the Board of Supervisors Meeting at 2:45 p.m., with all Board Members present

The Water Director, Mr. Greg James, reviewed the request to defer consideration of the certification of the LORP EIR/EIS until EPA funding for the County’s portion is secured.  The Board and Staff discussed the possibility of having the County write a letter to the EPA to ascertain their specific objections to the current EIR and perhaps requesting a meeting with the EPA to work on moving this forward.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize the Chairperson to sign a letter prepared by Staff to the EPA asking specifically for them to identify those issues that are still outstanding and to identify what would be needed to reach conclusion.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to A) amend the FY 2004-05 Sheriff General Budget Unit 022700, by increasing estimated revenue in AB443 (Revenue Code #4486) by $16,000 and increase appropriation in Office and Other Equipment (Object Code #5232) by $16,000; and B) authorize the sole-source purchase of twelve Tazer X26 devices and related equipment including tax and shipping for use and training, from Pro Force Law Enforcement Marketing of Brea, CA, in an amount not to exceed $16,000.  Motion carried unanimously.

Moved by  Supervisor Bear and seconded by Supervisor Williams to certify the Mitigated Negative Declaration for the BLM #1 Deep Drilling Project, certify that the requirements of the California Environmental Quality Act (CEQA) have been satisfied, find that the project’s impacts to native plants and animals are de minimus pursuant to Section 711.4 of California Resources Code, and direct Staff to file a Notice of Determination with the Inyo County Clerk.  Motion carried unanimously.

Moved by Supervisor Bear and seconded by Supervisor Williams to certify the Mitigated Negative Declaration for the BLM #2 Deep Drilling Project, certify that the requirements of the California Environmental Quality Act (CEQA) have been satisfied, find that the project’s impacts to native plants and animals are de minimus pursuant to Section 711.4 of California Resources Code, and direct Staff to file a Notice of Determination with the Inyo County Clerk.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct Staff to initiate amendments to the General Plan to allow residential structures in the natural hazards land use designation where it can be demonstrated by an appropriate County-approved expert that a natural hazard does not exist on the site proposed for residential development or that the hazard can be mitigated to the point where there is no danger to life or property.  Motion carried unanimously.

The Agricultural Commissioner and County Administrator provided additional information and further clarification on the request to contract and fund for benefit assessment fee services for the Mosquito Abatement Program.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to A) authorize the County Administrator and Auditor-Controller to make the appropriate budget adjustments to facilitate appropriation from Economic Stabilization to the Owens Valley Mosquito Abatement Program, Budget Unit 154101 in an amount not to exceed $75,050; contingent upon that this a loan to be paid back if the reassessment fees are passed and that the cost of the contract also be shifted to the Mosquito Abatement Program; and B) ratify and approve the Contract between the County of Inyo and Shilts Consultants, Inc., for benefit assessment fee services for the Mosquito Abatement Program, for the period of July 1, 2004, through December 31, 2008, in an amount not to exceed $75,050, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Williams to ratify and approve the contract between the County of Inyo and Bertholf, Inc., for Mineral Appraisal Services, for the period of July 1, 2004, through June 30, 2007, in an amount not to exceed $196,910, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Agreement between the County of Inyo and Shred Pro, Inc., of Santa Barbara, for the legal destruction of confidential and other County expired and obsolete office documents and correspondence, for the period of September 7, 2004, through June 30, 2005, in an amount not to exceed $8,500; authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and encourage County Departments to utilize Shred Pro’s services.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to A) create a new position, Site Manager, at Range 60 ($2,544 - $3,089); B) increase the authorized strength in the County Parks and Recreation Division by one Site Manager position, at Range 60, and authorize the recruitment and filling of the position; and C) effective October 1, 2004, delete two full-time Inyo County Park and Campground Specialist positions and one Community Services Coordinator from the Inyo County Parks and Recreation’s authorized strength.  Motion carried unanimously.

On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-44 was adopted, approving and authorizing the application for the California Arts Council State-Local Partnership Project FY 2004-2005; motion unanimously passed and adopted. 

Reconvene

The Chairperson recessed open session at 4:00 p.m., reconvening at 4:10 p.m. in a workshop with all Board Members present.

The Board met with Staff, and members of the audience in the first of several workshops to review  the current Water Department structure, budget and Resolution 99-43, which set forth the purpose and staffing of the department.  The Chairperson recessed the workshop at 5:35 p.m., to reconvene in open session, with all Board Members present.

County Counsel announced that the following closed session items were pulled and the Board would not be meeting in closed session: No. 26.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Coso Energy Developers v. County of Inyo, Fourth District Court of Appeal Case No. E034051; Inyo County Superior Court Case No. CVCV-01-28756;  No. 27.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b)(3)(C) – Claims for Refund of Taxes; Assessment Appeals Applications No. 2001-04, 2001-05, 2001-10, 2002-16, 2002-17, 2002-18, 2003-14, 2003-15, and 2003-17; and No. 28.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title:  Director of Environmental Health.

Reconvene

The Chairperson recessed the regular meeting at 5:35 p.m., reconvening at 7:30 p.m., with all Board Members present, except Supervisors Bear and Dorame. 

Nile Virus Update

Representatives of the County’s Health and Human Services and Agricultural Commissioner’s Departments updated the Board and the public on the status of the recently discovered West Nile Virus in Inyo County.

The Chairperson adjourned the regular meeting at 8:10 p.m., to 9:00 a.m., September 14, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.