Board Minutes - May 01, 2002

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County of Inyo

Board of Supervisors

Special Meeting of May 1, 2002

The Board of Supervisors of the County of Inyo, State of California, met in special session at the hour of 8:25 a.m., on Wednesday, May 1, 2002, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Linda Arcularius presiding, Julie Bear, Ervin R. Lent, Carroll M. Hambleton, Jr., and Michael Dorame.  Supervisor Hambleton provided the Invocation, and Supervisor Lent led the Pledge of Allegiance.

 

Public Comment

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

 

Introduction

The introduction of Miriam Steelman, Museum Secretary, was pulled from the Agenda at the request of the County Administrator.

 

BofS/Dev. Dis. Area Board Appointment

Moved by Supervisor Dorame and seconded by Supervisor Bear to reappoint Phyllis Mikalowsky to the Developmental Disabilities Area Board #12 to complete a term ending December 31, 2004.  Motion carried unanimously.

 

CAO-Purchasing/ Laptop P.O.

Moved by Supervisor Dorame and seconded by Supervisor Bear to award Bid No. 2001-12 and approve the purchase of laptop computers with related equipment and printers as recommended by Staff.  Motion carried unanimously.

 

Integ. Waste/Metal Storage Containers P.O.

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the purchase of four (4) 8’ x 20’ metal storage containers from Martin Containers, in Wilmington, CA, in an amount not to exceed $9,482.  Motion carried unanimously.

 

Parks/Parks Advisory Comm. Appointment

Moved by Supervisor Dorame and seconded by Supervisor Bear to appoint Paul Payne as the Fifth District Representative to the Inyo County Parks Advisory Committee to complete an unexpired term ending December 8, 2003. Motion carried unanimously. 

 

E. Health/Integ. Solid Waste Hearing Panel Appointment

Moved by Supervisor Dorame and seconded by Supervisor Bear to appoint Dan Totheroh as the Technical Representative and Bob Hayner as the Public-at-Large Representative, to the Integrated Solid Waste Management Hearing Panel to complete unexpired terms ending March 17, 2004.  Motion carried unanimously.

 

H&H-Children & Families Commis-sion Appointments

Moved by Supervisor Dorame and seconded by Supervisor Bear to A) reaffirm Supervisor Bear’s appointment to the Children and Families Commission for calendar year 2002; and B) appoint Jean Dickinson, Assistant Director of Health and Human Services and Gail Zwier, Behavioral Health Program Director as the Health & Human Services Director’s designee, to the Commission to complete three year terms ending April 20, 2005.  Motion carried unanimously.

 

Resol. #2002-22/ Teen Pregnancy Grant App.

On a motion by Supervisor Dorame and a second by Supervisor Bear, Resolution No. 2002-22 was adopted authorizing the submittal of a grant application for and acceptance of Teen Pregnancy Prevention funds:  motion unanimously passed and adopted.

 

H&H-Misc./UC Davis Training Contract Amendment

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve Amendment No. 1 to the Contract between the County of Inyo and the Regents of the University of California on behalf of its Davis Campus University Extension, for an additional training day for the period of July 1, 2001, through June 30, 2002, increasing the amount of the Contract by $2,900 to an amount not to exceed $31,900; and authorize the Chairperson to sign.  Motion carried unanimously.

 

H&H-Social Serv./ Marvel Characters Appearance Contract

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Marvel Characters Appearance Program Co., for the provision of prevention services on April 30, 2002, in an amount not to exceed $1,150; and authorize the Chairperson to sign. Motion carried unanimously.

 

P.W./Homewood Canyon Rd. Prjct. Plans & Specs.

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the Plans, Special Provisions and Bid Documents for the Homewood Canyon Road Reconstruction Project and authorize the Public Works Director to advertise for bids for the project.  Motion carried unanimously.

 

P.W.-Bishop A/P/ Terminal Bldg. Dedication Plaque

Moved by Supervisor Dorame and seconded by Supervisor Bear to authorize the purchase of a Bronze Dedication Plaque with lettering for the Bishop Airport Terminal Building from International Bronze Manufacturers & Designers, Ltd., in an amount not to exceed $2,157.76.  Motion carried unanimously.

 

P.W.-Bldg. & Maintenance/Pest Control Contract

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Western Exterminators for insect and pest control for various County facilities, in an amount not to exceed $13,116, for the period of July 1, 2002, through June 30, 2005, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Rd. Dept./Flint Trading P.O.

Moved by Supervisor Dorame and seconded by Supervisor Bear to declare Flint Trading, Inc., as the sole-source supplier of road marking tape and authorize the purchase of premarked STOP letters and bards from Flint Trading, Inc., in an amount not to exceed $2,584.75.  Motion carried unanimously.

 

Resol. #2002-23/ Hi Country Market Off-Sale of Alcoholic Beverage 

Supervisor Hambleton declared a conflict regarding A) the request to approve a resolution for the Off-Sale of Alcoholic Beverages at Hi Country Market and B) the next item which is a request to approve the removal of trees.  Supervisor Hambleton left the meeting. On a motion by Supervisor Bear and a second by Supervisor Dorame, Resolution No. 2002-23 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Issuing Findings that Public Convenience or Necessity will be Served by the Proposed General Off-Sale of Alcoholic Beverages at Hi County Market, 101 North Main Street, Big Pine, California,” was adopted:  motion carried on a three-to-zero vote with Supervisors Arcularius, Bear, and Dorame voting yes, with Supervisor Lent abstaining and with Supervisor Hambleton absent.

 

Rd. Dept./Tree Removals

Mr. Jeff Jewett, Public Works Director, provided additional information and further justification for the request to remove trees in road right-of-ways.  Mr. Jewett explained that the majority of the requests were made by residents and that in most instances the trees were being replaced.  Supervisor Bear queried Staff about having a policy where the County has a no net loss of trees in the instances where we remove trees.  The County Administrator explained that each year the Parks Department plants numerous trees and that he would work with the Public Works Department to notify the Board of the status of tree planting and tree removals in the County.  Moved by Supervisor Dorame and seconded by Supervisor Lent to authorize County Road Department Personnel to remove trees as follows: A) a maple tree in the road right-of-way at 371 Market Street, Independence; B) three trees in road right-of-way at 230 Chestnut Street, Big Pine; C) a large elm tree in road right-of-way at 251 E. Bush Street, Lone Pine; D) two sycamore trees in the road right-of-way at 129 S. Lone Pine Avenue, Lone Pine; E) a walnut tree in the road right-of-way at the corner of Clay and Kearsarge Streets in Independence; and F) a large locust tree at the intersection of Bartell Road and Highway 395, Big Pine.  Motion carried on a four-to-zero vote, with Supervisors Arcularius, Bear, Lent and Dorame voting yes and with Supervisor Hambleton absent.  At the conclusion of this item, Supervisor Hambleton joined the meeting.

 

Rd. Dept./Elm Beetle Control Pesticide

The Public Works Director provided further clarification on the request to purchase pesticides for the control of elm beetles.  He explained that the financing to purchase the chemicals was identified as Congestion Relief funds and that he has received information that this is not an acceptable expenditure for the funds.  He asked that the financing portion of the Agenda Request item be changed to reflect that the chemicals will be purchased through the Road Department Budget.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to authorize the purchase of 24 – 4 oz. bottles of Pointer Pesticide for elm beetle control, from United Horticulture Supply of Sparks, NV, in an amount not to exceed $4,577.22, recognizing that the purchase will be made through the Road Department Budget.  Motion carried unanimously.

 

Rd. Dept./Round Up P.O.

Mr. Jewett, explained that the same situation exists as previously identified, and asked that the financing portion of this item be changed to reflect the purchase being made from the Road Department Budget.  Moved by Supervisor Hambleton and seconded by Supervisor Lent to authorize the purchase of 90 gallons of Round Up Pro for weed removal along County Roads, from United Horticultural Supply of Sparks, NV, in an amount not to exceed $4,048.66, recognizing that the purchase will be made through the Road Department Budget.  Motion carried unanimously.

 

BofS/L.P. Tribe HUD App for New Gym

Supervisor Dorame asked with regard to the letter supporting the Lone Pine Reservations HUD Application, that a correction be made to show “pleased” as opposed to “please” in the first paragraph of the letter.  Moved by Supervisor Dorame and seconded by Supervisor Lent to approve the letter of support for the Lone Pine Paiute-Shoshone Reservation’s 2002 HUD ICDBG Application for funds to construct a Tribal Gymnasium facility, as corrected; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Public Defender/ Budget Amendment

The County Administrator provided additional information and further justification for the request to increase the Public Defender Budget.  He explained that there were two high-profile cases which were driving the increases.  Moved by Supervisor Bear and seconded by Supervisor Lent to amend the FY 2001/02 County Budget as follows: a) increase revenues in the Auditor-Controller Geothermal Royalties Budget Unit 010406, Geothermal Royalties (Revenue Code #4381) by $30,000 and appropriations in Operating Transfers Out (Object Code #5801) by $30,000; b) increase estimated revenues in the Parks and Recreation Budget Unit 076900, Operating Transfers In (Revenue Code #4998) by $30,000 and C) appropriations in Public Defender Budget Unit 022600, Professional and Special Services (Object Code #5265) by $30,000.  Motion carried unanimously.

 

Coroner/Orange County Forensic Serv. Contract

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the Contract between the County of Orange and the County of Inyo for forensic services for the period of February 1, 2002, through January 31, 2007, in the amount of $1,403.57 per autopsy, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Resol. #2002-24/ LEA Enforcement Grant App.

On a motion by Supervisor Hambleton and a second by Supervisor Lent, Resolution No. 2002-24 was adopted approving the submittal of a Local Enforcement Agency Grant Applications EA12 and EA13 to the California Integrated Waste Management Board and authorize the Director of Environmental Health to execute all necessary applications, contracts, agreements, and amendments for the purposes of securing LEA grant funds for use in carrying out an effective local enforcement program.  motion unanimously passed and adopted.

 

E. Hlth/Sunland Landfill Monitoring Well Permits

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to approve three additional monitoring wells for enhanced groundwater monitoring at the Bishop-Sunland Landfill as required by the Lahontan Regional Water Quality Control Board.  Motion carried unanimously.

 

E. Health/Mo-Mart Monitoring Well Permits

Moved by Supervisor Bear and seconded by Supervisor Lent, to approve Davies Oil Company (DWP Lessee) to install two monitoring wells to monitor groundwater for petroleum contamination at the Bishop Mo-Mart, 794 N. Main Street, Bishop.  Motion carried unanimously.

 

P.W.-Bldg & Mnt./ Sierra Security Contract

Moved by Supervisor Hambleton and seconded by Supervisor Lent to ratify the Contract between the County of Inyo and Sierra Security Systems to provide monthly monitoring and maintenance as designated for the County’s security monitoring systems, including a new service for the Administrative Center, in Independence,  in an amount not to exceed $2,873.25, for the period of October 1, 2001, through June 30, 2002; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./Denio Engineering Contract Amendment

Moved by Supervisor Hambleton and seconded by Supervisor Dorame to ratify Amendment No. 1, to the Contract between the County of Inyo and Denio & Associates Engineering amending the scope of work to include geotechnical testing services; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Treasurer/TRANS Notification

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to issue the order pursuant to Section 53853 of the California Government Code notifying six (6) local school districts that the Inyo County Board of Supervisors will not authorize by resolution the issuance of the school districts’ Tax and Revenue Anticipation Notes (TRANs) for the 2002-03 fiscal year on their behalf and direct the Clerk of the Board to disseminate the order.  Motion carried unanimously.

 

BofS/Minute Approval 

Moved by Supervisor Bear and seconded by Supervisor Dorame to approve the minutes of the April 2, 2002, Board of Supervisors Meeting.  Motion carried on a four-to-zero vote, with Supervisors Arcularius, Bear, Lent and Dorame voting yes and with Supervisor Hambleton abstaining.

 

The Clerk requested that on page 2 of the April 9, 2002 minutes the bid number 2001-15 be changed to 2001-14 with regard to the Parkas Purchase.  Moved by Supervisor Hambleton and seconded by Supervisor Dorame to approve the minutes of the April 9, 2002, Board of Supervisors Meetings as amended.  Motion carried unanimously. 

 

Resol. 2002-25/ Arts Council Grant

On a motion by Supervisor Lent and a second by Supervisor Hambleton, Resolution No. 2002-25 was adopted, authorizing the 2002-2003 State of California State-Local Partnership Grant Application: motion unanimously passed and adopted.

 

CAO-O.V. Railway Co. Discussion

The request by the Owens Valley Railway Company for the County’s assistance in the four areas of the project as detailed in their letter dated March 27, 2002, was pulled from the Agenda at the request of the County Administrator.

 

Recess/

Reconvene

The Chairperson recessed the special meeting at 9:50 a.m., reconvening in open session at 10:10 a.m., with all Board Members present.

 

Forest/RAP Comments

The Board and Staff discussed the request for the County’s comments on the Roads Analysis Process which are to be received on or before May 20, 2002.  The discussion encompassed many areas of resource management which affect the County including the Wilderness Legislation, Revised Statute 2477, Forest Management Plans, and BLM’s closure of Surprise Canyon.  The Board directed Staff to prepare a County response to the request providing the County’s comment to be presented for the Board’s consideration at 10:05 a.m., on May 14, 2002. 

 

Resol. #2002-26/ Keeler Landfill Final Closure and Post Closure Maintenance

The Chairperson opened the public hearing at 10:40 a.m., to consider the final closure and post closure maintenance of the Keeler Landfill in Keeler, California.  Deputy County Administrator, Chuck Hamilton, reviewed the Staff Report and recommendations.  There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 10:50 a.m.  On a motion by Supervisor Dorame and a second by Supervisor Lent, Resolution No. 2002-26 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Certifying and Approving a Negative Declaration Concerning the Final Closure and Post Closure Maintenance of the Keeler Landfill in Keeler California” was adopted:  motion unanimously passed and adopted.

 

 

Board Members and Staff Reports

The Board Members reported on their activities during the preceding weeks, including District tours and meetings with constituents, an IMAAA Board Meeting, a Southern Inyo Airport Advisory Committee Meeting, a LAFCO Meeting, the LTC Meeting, the Manzanar Auditorium Dedication Ceremony, a Big Pine Library Meeting, the Yucca Mountain Meeting in Milwaukee, the ground breaking ceremony for the new Forest Service/BLM Offices on the Bishop Reservation, an Arts Council Meeting, a Prop 10 Strategic Plan Meeting, a Northern Inyo Airport Advisory Committee Meeting, the CUPA Public Hearing, and an RCRC Meeting.  Supervisor Bear took the opportunity to notify the Board of her election to the California Child Development Institute and Supervisor Arcularius updated the Board on the status of SB2070 (Johanessen) and her testimony before the Committee to support the Legislation.  The County Administrator updated the Board on the status of the State Budget informing them that the State is now projecting a $22-billion deficit up from the original projection of a $17.2-billion.  Mr. Mendez also updated the Board on a fire at the Pleasant Valley Campground, notifying the Board that CDF had lost a tanker to the fire.

 

Recess/

Reconvene

The Chairperson recessed the special meeting at 12:05 p.m., reconvening in closed session at 1:30 p.m., with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 35.  CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - 2002-2003 Pumping 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 Judgement, Inyo County Superior Court, Case No. 12098; No. 36. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Drought Recovery Policy 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 Judgement, Inyo County Superior Court, Case No. 12098; No. 37. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Irrigation of Laws Ranch 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.  38. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - EIR/EIS Lower Owens River Project (LORP)  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. 39. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Laws/McNally Canals 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. 40. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)] - One Case - Lower Owens River Project Pumpback  Station 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 Judgement, Inyo County Superior Court, Case No. 12098; No. 41. CONFERENCE WITH LEGAL COUNSEL - EXISTING/ANTICIPATED LITIGATION [PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)(c)]. One Case - Transfer of Lone Pine, Independence and Laws Water Systems 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 Judgement, Inyo County Superior Court, Case No. 12098; No. 42. 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. 43. CONFERENCE WITH LABOR NEGOTIATOR [PURSUANT TO GOVERNMENT CODE SECTION 54957.6] -  Instructions to Negotiators re: wages, salaries and benefits - Title: ICEA – Negotiator: County Administrator and Personnel Analyst; No. 44. PERSONNEL [PURSUANT TO GOVERNMENT CODE SECTION 54957] - Public Employee Performance Evaluation - Title:  Director of Planning; and No. 45. CONFERENCE WITH LABOR NEGOTIATOR (PURSUANT TO GOVERNMENT CODE SECTION 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title: Director of  Planning - Negotiator:  Member of Board of Supervisors as designated.

 

Report on Closed Session

The Chairperson recessed closed session at 6:35 p.m., to convene in open session to receive a report on closed session.  County Counsel reported there were no items discussed in closed session which were required by law to be reported on in open session.  

 

Adjournment

The Chairperson adjourned the special meeting at 6:35 p.m.

 

 

_______________________________________
   Chairperson, Inyo County Board of Supervisors

 

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

    by:        ___________________________________
                   
Patricia Gunsolley, Assistant

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