County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  Supervisor Michael Dorame addressed the Board as a constituent of the Southern Inyo Health Care District Board of Directors.  He reminded everyone that those elected to represent the Special Districts have the same responsibilities as any other elected official.  Supervisor Dorame expressed a desire to have statements erroneously attributed to him corrected.  Supervisor Dorame went on to quote excerpts from the verbatim transcript of the May 28, 2002, Board of Supervisors meeting regarding the Tobacco Settlement proceeds going to the hospitals.  He highlighted comments made by Mr. Jim Bilyeu, the President of the Southern Inyo Health Care District Board, where Mr. Bilyeu said that he felt the Tobacco Measure which was not written by the Health Care District may have a legal loophole which allowed the County to retain those settlement funds already appropriated and pass the remaining funds and any future funds to the two hospitals; that he did not read the measure word for word before he supported it, that if he had written it, it would not have had a loophole, nor did he believe that the people knew what they were voting on when they were voting for it. Supervisor Dorame reminded the electorate to hold the appropriate elected officials responsible for their actions and words; and to make sure that the people representing them are held to the highest standards and accountable for their actions and not issuing misrepresentations on the issues as was done by Mr. Bilyeu in this case. 

Mr. Chuck Hamilton, Deputy County Administrator, informed the Board that he would be conducting a workshop next week to update the Board on the Parks and Campgrounds Improvement Plan. 

Mr. Charles Broten, Director of the Inyo-Mono Senior Program, provided additional information and further justification for the need to hire a Senior Services Counselor for the Linkages Program.  Ms. Jean Dickinson, Director of Health and Human Services, also provided information regarding the role that Social Services is required to play with regard to the Linkages Program and other social services programs offered in the County.  Ms. Dickinson explained that the challenge for rural counties remains in successfully blending the needs of the communities with the State mandates regarding personnel, funding controls, etc.  She encouraged the Board to continue to take the message of the need for independent flexibility for rural social services programs to the State Legislators.  The Board congratulated both Mr. Broten and Ms. Dickinson on the coordination and cooperative efforts, which have resulted in this recommendation.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to A) amend the authorized strength by adding one full-time Senior Services Counselor Series (II, III, and IV) and B) authorize the recruitment and filling of a Senior Services Counselor, II, III or IV position depending upon qualifications at Range 64 ($2,790 - $3,392,) Range 67 ($2,995 - $3,636), or Range 69 ($3,151 - $3,814).  Motion carried unanimously.

Mr. Frank Hayes, Superintendent of Manzanar Historic Site updated the Board on Manzanar projects and activities.  At the conclusion of his presentation, Mr. Hayes presented the Board with a memento of the original Manzanar Auditorium to commemorate the County’s support of the Manzanar Historic Site.

The County Administrator provided the Board with a revised copy of the proposed resolution supporting the Amargosa Wild and Scenic River Proposal.  He explained that the revision encompassed acknowledgement of the County’s road concerns.  Supervisor Dorame read the resolution into the record and requested that Inyo County be included in referring to the road issues.  Supervisor Dorame also read into the record a letter he had received from the Tecopa Basin Marketing Group supporting the Proposal.  Mr. Brian Brown of China Ranch, thanked the Board for their support of this project and highlighted a few of the benefits he thought the project would bring to the area.  Supervisor Arcularius requested that upon its adoption that the Resolution be forwarded to our State and Federal legislators.  Representatives of Caltrans and the BLM addressed the Board to also support the Proposal.  On a motion by Supervisor Dorame and a second by Supervisor Arcularius, Resolution No. 2004-51 was adopted, supporting the Amargosa Wild and Scenic River Proposal and in conjunction with the Proposal, supporting the protection of Inyo County road concerns and the California Department of Transportation’s (Caltrans) right of way for State Route 127: motion unanimously passed and adopted.

COA-Purchasing/ Copier Paper

P. O.

Moved by Supervisor Bear and seconded by Supervisor Williams to award Bid No. 2004-02 for and authorize the purchase of 500 cartons of 8-1/2” x 11” white copier paper from Sierra Office Supply, in an amount not to exceed $24.55 per carton, plus tax.  Motion carried unanimously.

Integ. Waste/ Bishop Sunland Landfill DWP Lease

Resol. #2004-52/ Bishop Waste Landfill Lease

Resol. #2004-53/ Eastern Sierra Propane Landfill Lease

HHS-WIC/WIC Contract Amendment

Moved by Supervisor Bear and seconded by Supervisor Williams to approve Amendment No. A02 to the Contract between the County of Inyo and the California Department of Health Services, Women, Infants, and Children Program, increasing the grant by $5,003 to a total amount of $969,319, for the period of October 1, 2002, through September 30, 2005; and authorize the Chairperson to sign.  Motion carried unanimously.

Parks/CA Dept. of Parks Grant  for Soccer Field at Millpond - Resol. #2004-54

The Deputy County Administrator provided additional information and responded to questions regarding the proposed soccer field at Millpond.  He confirmed that all of the facilities to be provided through the grant will be ADA compliant and that very little ancillary parking availability will be lost.  Moved by Supervisor Bear and seconded by Supervisor Williams to A) adopt Resolution 2004-54, authorizing the submittal of a grant application to the State of California Resources Agency Department of Parks and Recreation for the construction of a soccer field at the Millpond Recreation Area and authorize the Chairperson to sign the application; and B) adopt the Notice of Exemption and certify the requirement of the California Environmental Quality Act (CEQA) have been satisfied.  Motion carried unanimously.

Mr. Paul Bruce, County Counsel, provided further explanation on the request to fill an Assistant County Counsel position.  The Board Members offered their thanks to Mr. Berry for his assistance during his tenure with the County and offered good wishes to he and his family in their future endeavors.  Mr. Berry thanked the Board for their well wishes.  He recommended to the Board that Mr. Randy Keller, Deputy County Counsel III be reclassed to the Deputy County IV position as was recommended during budget preparation.  He went on to recommend that the Assistant County Counsel position be denied.  He explained that he felt he was never given the responsibility of the Assistant and as such the Assistant position was not needed.  Mr. Berry, provided the Board with a copy of the County Counsel’s organization chart to support his recommendation.  Mr. Bruce thanked Mr. Berry for his recommendation and reiterated his request to fill the Assistant County Counsel position.  Moved by Supervisor Arcularius and Supervisor Bear to  authorize filling a vacant Assistant County Counsel position (Flat $6,343/mo.) and if filling that vacancy results in an additional vacancy within the Office of County Counsel, authorize the filling of a vacant Deputy County Counsel III or IV position at Range 82 ($4,278 - $5,195) or Range 85 ($4,603 - $5,594).  Motion carried unanimously. 

Mr. Andrew Remus, Yucca Mountain Coordinator, provided additional information, further clarification and responded to questions regarding the well drilling project in Death Valley.  He asked that the recommendation be amended to reflect the contract in the amount of as opposed to not to exceed.  Moved by Supervisor Dorame and seconded by Supervisor Williams to approve a contract between the County of Inyo and Lang Exploratory Drilling for well drilling and construction services for constructing BLM #2 Deep Exploration Monitoring Well, in an amount of $429,080 contingent upon (a) continued U.S. Department of Energy funding of the Death Valley Regional Ground Water Monitoring Program and (b) the availability of sufficient funds in Budget Unit 620697 following the completion of the BLM #1 Well; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the minutes of the July 19 and 20, 2004, Budget Hearings.  Motion carried unanimously, with Supervisor Bear abstaining.

The Board Members reported on their activities during the preceding week, including RCRC leg platform update, First Five update, a recap of the Millpond Music Festival and an update on the CAOC Annual Meeting. 

Reconvene

The Chairperson recessed the regular meeting at 11:40 p.m., reconvening at 12:10 p.m., in closed session, with all Board Members present.

The Board met in closed session to discuss Agenda Items No. 15.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768; No. 16.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. (Non Assigned) (Write of Mandate); and No. 17.  PERSONNEL (Pursuant to Government Code Section 54957) - Public employee Appointment - Title - Acting Water Department Director.  Supervisor Bear left closed session at 2:25 p.m. 

The Chairperson recessed closed session at 3:25 p.m. to reconvene in open session, to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 16. No. 16.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. (Non Assigned) (Write of Mandate), the Board in a unanimous vote, with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear absent, directed the office of County Council to represent the County as a real party of interest in this litigation. 

The Chairperson adjourned the regular meeting at 3:27 p.m., to 9:00 a.m., October 26, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.