Board Minutes - May 25, 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 9:05 a.m., on Tuesday, May 25, 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 Hambleton led the Pledge of Allegiance.

 

 

Public Comment

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

 

Co. Dept. Reports

The Chairperson announced the County department report period.  Dr. Gail Zwier, Behavioral Health Director, updated the Board on a Small Counties Mental Health Directors meeting she had attended, highlighting areas of the State Budget which may be problematic in the future.   

 

BLM/WEMO Workshop

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with Mr. Bill Haque of the Bureau of Land Management who updated the Board on WEMO (West Mojave Management Plan.)  The Chairperson recessed the workshop at 10:00 a.m., to immediately reconvene in open session with all Board Members present.

 

Motor Pool/ Sheriff Vehicle Repair

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve a purchase order to Sierra Auto Body Works in an amount not to exceed $2,967.75, for the repair of a Sheriff’s Department vehicle.  Motion carried unanimously.

 

HHS-Hlth Serv./ Doran Consulting Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Doran Consulting for provision of consultation services for development of regional bioterrorism response plans for the period of May 1, 2004, through June 30, 2004, in an amount not to exceed $4,500; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS/AODS Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the State of California for alcohol and drug services, for the period of July 1, 2004, through June 30, 2008, in the amount of $487,831 per year, for a total of $1,463,493, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./AODS Contract Amendment

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve Amendment No. 1 to the Negotiated Net Amount (NNA) Contract between the County of Inyo and the State of California for alcohol and drug programs reducing the amount in State General Funds by $20,132, to a total of $509,480 for FY 2003/04; and authorize the Chairperson to sign.  Motion carried unanimously.

 

 

P.W./ESRA/Parts for Irrigation System

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the purchase of light commercial irrigation system parts from Antelope Valley Turf Supply, in an amount not to exceed $2,012.57.  Motion carried unanimously.

 

Rd. Dept./Barlow Lane Buffer Zone Lease w/DWP

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the renewal License Agreement between the County of Inyo and the Los Angeles Department of Water and Power to maintain a fence and a five foot buffer zone on Barlow Lane on DWP property for the period of May 1, 2004, through April 30, 2009, in an amount not to exceed $100 per year, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

   

Recess/

Reconvene

The Chairperson recessed open session at 10:03 a.m., reconvening at 10:10 a.m., with all Board Members present.

 

Ord. 1080/DUI Fees

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Ordinance 1080 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Revising Inyo County Driving-Under-the-Influence Program Fees,” was adopted: motion unanimously passed and adopted.

 

Parks/Tecopa Campground Concessionaire

Mr. Chuck Hamilton reviewed the Staff Report and recommendations regarding a concessionaire contract for the operations of the Tecopa Hot Springs Park and Campground.  The following addressed the Board to support the proposal submitted by the Hummingbird Family Resource Center, Ms. Sophia Merk, Ms. Donna Yarrell, who read into the record letters of support from Dan Hertz and Tom and Nancy Vineski, Ms. Jennifer Viereck, who also read into the record letters of support from Kim Sorts and Robert and Lila Fold, and Mr. Frank Esposito, who submitted a letter of support from Paul Hellwig.  Mr. Brad Goans addressed the Board to support having the County retain operations of the facility.  The Board discussed the two proposals with Supervisor Dorame expressing concern with the sufficiency of the Hummingbird proposal, which he felt was a community proposal relying too heavily on volunteers.  Supervisor Dorame went on to clarify he had  reservations because of any group’s ability to require volunteers to do anything.  The Board, Staff and members of the audience continued to discuss the merits of the proposals submitted, including the alternatives available should a contract with the selected group not be forthcoming.  The Board and staff discussed the Board’s ability to set conditions to be negotiated such as protection for historic use, hours of operations, discount rates for residents, etc.  The County Administrator went on to identify budget concerns with the County maintaining operations and recommending that the Board choose one of the proposals to move forward with the concessionaire concept for the operations of the facility.  The Chairperson, Supervisor Hambleton,  expressed a desire to participate in the making of a motion on this item and turned the Chair over to the Vice Chairperson, Supervisor Bear who called for a motion.  Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to direct Staff to negotiate the specific terms and conditions of an agreement with CLM for the operations of the Tecopa Hot Springs Park and Campground, per the proposal submitted by CLM to be returned for Board consideration.  Motion carried unanimously.

 

The Board went on to discuss the specific conditions to be negotiated.  Supervisor Hambleton expressed his desire to ensure that should bathers want to use bathing suits they would have that opportunity.  Supervisor Williams expressed his desire to protect to the best of the County’s ability the historic bathing uses of the facility. Supervisor Arcularius clarified that all of the concerns being discussed such as traditional bathing uses, resident discounts and hours of operations were identified in the CLM proposal which the prior motion had provided direction on.   Moved by Supervisor Williams and seconded by Supervisor Dorame to direct Staff to include in the negotiations with CLM the traditional uses of the Hot Springs, including discounts for residents.  Motion carried on a four-to-one vote with Supervisors Bear, Williams, Hambleton and Dorame voting yes and with Supervisor Arcularius voting no.  At the conclusion of the action, the Vice-Chairperson turned the meeting back over to the Chairperson.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 1:45 p.m., reconvening in closed session at 2:05 p.m., with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 23.  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 and County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; No. 24.  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 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. 25. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - ICEA - Negotiators - County Administrator and Personnel Analyst; No. 26.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Elected Officials Assistant Association (EOAA) - Negotiators - County Administrator and Personnel Analyst; No. 27.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Deputy Sheriff’s Association  

(DSA) - Negotiators - County Administrator and Personnel Analyst; and No. 28. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Law Enforcement Administrators’ Association (LEAA) - Negotiators - County Administrator and Personnel Analyst.  The Chairperson recessed closed session at 4:00 p.m., to convene in a workshop.

 

CAO-Budget/ Third Quarter Review

The Board met in a workshop with the County Administrator who provided a third-quarter budget review.  The Chairperson closed the public hearing at 4:55 p.m., to convene in open session with all Board Members present.  The County Administrator provided information requesting an additional action, which would be to transfer funding from the Public Defender Special Circumstances Budget to the Public Defender Budget.  Mr. Mendez explained that because of the Special Circumstances matter being resolved without a trial there was sufficient savings in the account to cover increased costs in the Public Defender Budget.  He confirmed that he felt this would be sufficient to cover additional Public Defender costs through the end of this fiscal year.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve various third-quarter budget amendments, including the Public Defender transfers as recommended by Staff.  Motion carried unanimously.

 

HHS-Mental Hlth Serv./State Managed Care Contract

Dr. Gail Zwier, Director of Behavioral Health, provided additional information regarding the Contract with the State for managed care services.  She informed the Board that the State of California was slow in meeting the deadline for the federal regulations and there was initial concern that Inyo County might need to qualify their acceptance of the Contract to indicate we would meet the State requirements.  She went on to explain that upon further research and staff discussion it was determined that Inyo County will meet the federal deadlines and there is no longer a need to qualify this contract.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and the State of California for managed care services for the period of July 1, 2004, through June 30, 2005, in an amount of $177,581, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.   Motion carried unanimously.

 

BofS/CSAC

The County Administrator announced that there were no CSAC related topics to be discussed at today’s meeting.

 

E. Health/Fee

Increases

Mr. Dave Oldenburg, Interim Environmental Health Director, provided additional information and further explanation on the proposed fee increases.  Moved by Supervisor Dorame and seconded by Supervisor Bear to direct Staff to begin the process to amend the Environmental Health Services fees, except for laboratory testing fees, as recommended by Staff.  Motion carried unanimously.

 

HHS-Behavioral Hlth./SACPA Funding

Moved by Supervisor Dorame and seconded by Supervisor Bear to decline to return $386,253 of Substance Abuse and Crime Prevention Act (SACPA) funding for FY 2003-04 to the State; and authorize the Chairperson to sign the necessary form.  Motion carried unanimously.

 

HHS-Social Serv./ Recruitment Authority

Ms. Jean Dickinson, Director of Health and Human Services, provided additional information and further justification for the request to fill one Social Worker position.  She also informed the Board that she has had another Social Worker resignation and while this is pending at the present time, she expects to request authority to fill another vacancy in the near future.  Ms. Dickinson responded to questions from the Board regarding the duties and responsibilities of Social Workers as well as the coverage, which is needed as a result of the vacancies.  Ms. Dickinson indicated that both she and her Assistant, Ms. Linda Benson, have and do provide Social Worker services when it is necessary and most especially for the “high profile” cases, which may require greater levels of intervention.  Moved by Supervisor Bear and seconded by Supervisor Williams to suspend the “hiring freeze” and authorize the recruitment and hiring of one Social Worker IV, at Range 69 ($3,141 to $3,814) or a lower Social Worker level, depending on qualifications of successful candidate, to fill one of two existing vacancies.  Motion carried unanimously.

 

Planning/Quad Knopf and Pacifica Development Contracts

Supervisor Williams, moved with no second, to approve the Planning Department’s request for approval of contract amendments for the Pacifica Development Project.  Supervisor Williams withdrew his motion prior to a roll-call vote be concluded at the request of the Chairperson, in order to facilitate Board discussion.  Supervisor Arcularius requested additional explanation on the contracts, asking whether the work had been performed prior to Board approval.  She explained that the scope of work for Quad Knopf included work contained in the draft and final EIR which has been released and which is the subject of a public meeting to be held tomorrow.  In the absence of the Planning Director, the County Administrator and County Counsel confirmed that it appeared the work proceeded with just the Contractors approvals.  The County Administrator indicated that he would convey the Board’s concern with having work performed prior to Board approval and ask the Planning Director to provide a written explanation to the Board on what had transpired with the contracts.  Mr. Mendez indicated that he felt both contracts were in order and could be approved.  Supervisor Arcularius indicated that she would consider approving these amendments based on that assurance from the County Administrator that the Contracts were in order. 

 

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) approve Amendment No. 5 to the Agreement between the County of Inyo and Quad Knopf, Inc., increasing the Contract by $53,949 to an amount not to exceed $267,753 and extending the Contract period to June 30, 2005, contingent upon the Board’s adoption of a FY 2004/05 budget, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; B) approve Amendment No. Six to the Agreement between the County of Inyo and Pacifica Development, increasing the Contract by $80,923 to an amount not to exceed $420,413 and extending the Contract period to June 30, 2005, contingent upon the Board’s adoption of a FY 2004/05 budget, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and C) amend the FY 2003/04 Planning and Zoning Budget Unit 023800 by increasing estimated revenue in Services and Fees (Revenue Code #4819) by $80,923 and increasing appropriations in Professional and Special Services (Object Code #5265) by $53,949. Motion carried unanimously.

 

Probation/Fouts Springs Contract

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to ratify and approve the Amendment to the Contract between the County of Inyo and Fouts Springs Youth Facility for the supervision of juvenile commitments increasing the monthly rate by $215 per minor per month to a total of $2,995 per minor per month for the period of July 1, 2003, through June 30, 2004; and authorize the Chairperson to sign.  Motion carried unanimously, on a four-to-zero vote with Supervisors Arcularius, Williams, Hambleton and Dorame voting yes, and with Supervisor Bear, who had briefly left the meeting, being absent.  At the conclusion of the vote, Supervisor Bear rejoined the meeting.

 

P.W./Copper Pipe and Fittings P.O.

Moved by Supervisor Bear and seconded by Supervisor Dorame to A) ratify the emergency purchase of various copper pipe and fittings from Western Nevada Supply for the replacement of boilers at the Jail in an amount not to exceed $1,365; and B) amend the FY 2003/04 Deferred Maintenance Budget Unit 011501 by increasing appropriations in Maintenance of Structures (Object Code #5199) by $1,365, from unappropriated reserves. Motion carried unanimously.

 

Treasurer/No TRANS

Moved by Supervisor Williams and seconded by Supervisor Dorame to order that pursuant to Section 53853(b) of the California Government Code that six local school districts be notified 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 2004/05 Fiscal Year on their behalf.  Motion carried unanimously. 

 

BofS/Minute Approval

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the minutes of the May 11, 2004, Board of Supervisors meeting.   Motion carried unanimously.

 

Report on Closed Session

Prior to the Board reconvening in closed session, County Counsel announced that the Board would continue the Meeting of May 25, 2004, to 1:00 p.m., May 27, 2004, at the Water Department at 163 May Street, Bishop California, to continue their consideration of Agenda Items No. 23.  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 and County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; and No. 24.  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 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.

 

Closed Session

The Chairperson recessed open session at 6:25 p.m., to reconvene in closed session to discuss the remaining agenda items previously noticed closed session items. 

   

Report on Closed Session

The Chairperson recessed closed session at 7:15 p.m., to reconvene in open session, to receive a report on closed session.  County Counsel reported there were no items further discussed in closed session, which were required by law to be reported on in open session. 

 

Adjournment

The Chairperson continued the regular meeting at 7:15 p.m., to 1:00 p.m., May 27, 2004, in the Water Department Conference Room, at 163, May Street, in Bishop, California. 

 

Continued to Monday, May 27, 2004

 

The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 1:15 p.m., on Thursday, May 27, 2004, in the Water Department Conference Room, at 163 May Street, in Bishop, to continue their meeting of May 25, 2004, with the following Supervisors present:  Chairperson Carroll M. Hambleton, Jr., presiding, Linda Arcularius, Julie Bear and Ted Williams.  Supervisor Michael Dorame was absent.

 

Public Comment

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

 

 

Closed Session

The Chairperson recessed open session to convene in closed session at 1:15 p.m., to continue discussions of Agenda Items No. 23.  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 and County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; and No. 24. 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 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.

 

Report on Closed Session

The Chairperson recessed closed session at 3:15 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 regular meeting of the Board of Supervisors at 3:15 p.m., to 9:00 a.m., June 1, 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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