OFFICIAL PROCEEDINGS IMPERIAL COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING DECEMBER 17, 2002

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1 OFFICIAL PROCEEDINGS IMPERIAL COUNTY BOARD OF SUPERVISORS REGULAR BOARD MEETING DECEMBER 17, Meeting was called to order by Board Chairman Hank Kuiper. Supervisors Tony P. Tirado, Joe Maruca, Gary Wyatt and Wally Leimgruber were present. 2. Convened to Closed Session and considered the following: a. Government Code (a) - Conference with Legal Counsel - Existing Litigation Hernandez vs. County of Imperial, Workers Compensation Claim # Direction was given to staff. b. Government Code Conference with Real Property Negotiator Property is located at 1099 Airport Road, Imperial County Airport Parties with whom negotiating is REB Inc. Instructions to Negotiator will concern price and terms of payment. Supervisor Kuiper not present in discussion. Direction was given to staff. c. Government Code Conference with Real Property Negotiator Property is located at 2451 Access Way, Imperial, CA. parties whom in negotiating are Thomas & Joyce Pisani, Anthony & Jean Pailera, and John & Diana Vollmer. Instructions to Negotiator will concern price and terms of payment. Direction was given to staff. d. Government Code (b)(1) - Conference with Legal Counsel Potential Litigation. Direction was given to staff. 3. Open Session Invocation and Pledge of Allegiance was led by Cecilio Moraga, of St. Jospeh s Church, Holtville. 4. Approved the Agenda as amended. 5. Approved the Consent Calendar as amended. 6. Approved the Official Proceedings of December 10, Public Comments a. Board presented plaque to Ed Snively for Commissioner of the Year. b. Sam Couchman, Director, Office of Employment Training, announced the new location of his office at 2695 South Fourth Street, El Centro. Also, they passed the performance of the Workforce Investment Act. 8. Reports/Correspondence/Announcements of Officers Supervisor Leimgruber, Maruca, and Kuiper thanked Supervisor Tirado for his years of service in Imperial County. Mr. Leimgruber made comments regarding a letter from the Department of Interior relating to the Sand Dunes Recreational Area. Supervisor Wyatt attended the Rural Counsel of Rural Counties meeting in Sacramento. He also attended the Salton Sea Authority meeting. Ann K. Capela, County Executive Officer, announced the County departments that will be closed on Christmas Eve. Bob Ham, Intergovernmental Director, reported on legislative issues and status of California State s budget.

2 Proceedings Page 2 December 17, 2002 New Business: COMMUNITY & ECONOMIC DEVELOPMENT 9. Vince Mullett, Sr. Tax Specialist, IRS, made presentation on Volunteer Income Tax Assistance Program (VITA). BOARD OF SUPERVISORS 10. Accepted donation from PG & E National Energy Group. Approved increase in library s Other revenue account, , and special departmental expenditures account , by $10,000 each. PUBLIC WORKS 11. Continued - Authorization for County Counsel and Public Works staff to negotiate payments on the outstanding invoices with the Quechan Tribe and re-negotiate solid waste disposal for tribal County residents at the Picacho Solid Waste Landfill. 12. Approved resolution no , entitled, Economic Revitalization Manufacturing Property Tax Rebate Agreement Between the County of Imperial and U.S. Gypsum, in substantial form, as presented. 13. Approved resolution no , entitled, Economic Revitalization Manufacturing Property Tax Rebate Agreement Between the County of Imperial and Brawley Beef, LLC, in substantial form, as presented. 14. Approved budgetary changes as follows: a. In Budget Unit Brawley Admin Center Capital Improvement (4003) appropriated $940,200 in Structures and Improvement, increase revenue of $940,000 in 1999 COPS Issue, and transfer $277,265 to Behavioral Health Advance Test. b. In Budget Unit Heber Public Safety Capital Improvement (4013) appropriated $426,000 in Structures and Improvement and increase revenue of $426,000 in 1999 COPS Issue. c. In Budget Unit Furnishings (4021) appropriated $100,000 in Structures and Improvement and increase revenue of $100,000 in 1999 COPS Issue. d. Create new fund Major Component Replacement Capital Improvement (4041). e. Appropriated $3,000 in Structures and Improvements Sheriff and increase revenue of $3,000 in 1999 COPS Issue. Approved $13,595 in Structures & Improvement Receiving Home. f. Approved the following names: County Administration Center Brawley; and County Public Services Center - Heber. 15. Approved the use of $40,000 from the Water Plant expansion to Drainage Improvements at Maggio and Menvielle Roads. SHERIFF/CORONER 16. Approved the following actions: a. Authorized extension of the healthcare contract with California Forensic Medical Group, Inc. (CFMG) for inmate healthcare services. b. Authorized the Chairman to sign the contract.

3 Proceedings Page 3 December 17, 2002 COMMUNITY & ECONOMIC DEVELOPMENT 17. After conclusion of the public hearing, the board approved the following: a. Amended CDBG Grant #02-STBG-1704 to authorize approximately $100,000 of ICCED program income to be used for relocation payments to former POE Colonia residents, and for consultant services to conduct the relocation cost assessments. b. Authorized ICCED to enter into a consulting agreement with Laurin Associates for relocation cost assessments, under terms of an existing Master Agreement between ICCED and Laurin Associates for affordable housing related consulting services. c. Approved resolution no , entitled, A Resolution Approving an Amendment to the State of California Community Development Block Grant (CDBG) # 02-STBG-1704 and Authorization to use Approximately $100,000 of ICCED Program Income for Relocation Costs. Consent Calendar: AGRICULTURAL COMMISSIONER 18. Approved and authorized Agricultural Commissioner to sign Cooperative Agreement for Seed Certification. AIR POLLUTION CONTROL DISTRICT 19. Approved and authorized the APCD Board to set a public hearing date for January 21, 2003 to consider a $1.00 increase in Motor Vehicle Surcharge Fees to help fund grants to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act. AUDITOR-CONTROLLER 20. Approved audit agreement with Hutchinson & Bloodgood LLP., to audit the County s Transportation Department Act Fund for the years ending June 30, 2002, June 30, 2003, and June 30, BEHAVIORAL HEALTH 21. Approved and authorized Chairman to sign ten (10) amendments to the Specialized Mental Health, CalWORKs, Proposition 36, and NNA Alcohol & Drug Agreements for FY BOARD OF SUPERVISORS 22. Approved the following appointments to the In-Home Support Services Public Authority Board, Hank Legaspi, by Supervisor Tony Tirado, and Jackie Ruiz, by Supervisor Joe Maruca, and Elia Morley as a consumer representative. 23. Approved appointment of Robert L. Forrester to the Imperial County Fish & Game Commission, by Supervisor Joe Maruca. 24. Approved letter of support for the California Highway Patrol Traffic Safety Grant. Approved resolution no , entitled, A Resolution of the County of Imperial Authorizing the Imperial County Sheriff s Office to Participate in a Multi-Agency Traffic Safety Enforcement Grant. 25. Approved resolution no , entitled, Resolution Honoring the City of Mexicali on the Occasion of its 100 th Anniversary. COUNTY COUNSEL 26. Approved and authorized transfer of funds from County Counsel Trust Account # to Professional and Special Services Account # , in the amount of

4 Proceedings Page 4 December 17, 2002 $150,000, to cover expenses for legal services provided by outside counsel, for the remainder of the fiscal year. COUNTY PROPERTY 27. Approved emergency replacement of all 50 smoke detectors and the fire alarm control panel, power supply, annunciator, and add point identification to make functional the fire alarm system at the Betty Jo McNeece, Receiving Home, at an estimated cost of $13,595, and authorized the County Property Services to proceed as outlined in attached cost estimate from Honeywell. DISTRICT ATTORNEY 28. Approved the following action(s): a. Authorized the District Attorney to enter into MOU assigning a Limited Term DA Investigator to the Imperial Valley Drug Coalition Law Enforcement Coordination Center Street Interdiction Team. b. Allocated one additional DA Investigator position for the DA s office in the budget fund requested below. c. Authorized a budget account number (to be assigned by the Auditor s office) District Attorney s Office IVSIT Personnel, Expenses and Capital Expenditures. d. Authorized the purchase of one Ford Crown Victoria automobile for use by the DA Investigator IVSIT member. e. Authorized the County Garage to provide maintenance for the assigned vehicle. f. Authorized the purchase of necessary safety equipment for the investigator, not to exceed $1, Approved resolution no , entitled, Resolution of the Board of Supervisors of Imperial County, California, Authorizing the Holtville Unified School District under the Jurisdiction of the County Superintendent of Schools to Issue and Sell School Bonds Directly, Pursuant to State Law. 30. Approved out of state travel for two board members, the CEO, and the Intergovernmental Relations Director, to attend the 2003 National Association of Counties Legislative Conference in Washington, D.C. February 28 march 4, 2002, estimated cost $10,000. FIRE PROTECTION 31. Approved the following action(s): a. Declared surplus to the needs of the county the following vehicles: 1975 Ford LN-900 American LaFrance Pumper VIN#F90LVX05510, and a 1979 Ford LN-900 American LaFrance Pumper VIN#F90LVEJ6668. b. Authorized the sale of the 1975 Fire Truck to Candy Kitchen Volunteer Fire Department (New Mexico) for $1,000. c. Authorized the sale of the 1979 Fire Truck to the Salton Community Services District for $500. d. Authorized the Purchasing Department to process the DMV documents and transfer title to the appropriate agencies. OFFICE OF EMPLOYMENT TRAINING 32. Approved and authorized OET to purchase 300 computers and related computer equipment and software (see-attached list).

5 Proceedings Page 5 December 17, 2002 PUBLIC HEALTH 33. Approved the following action(s): a. Approved and authorized the Chairman to sign the Healthy Eating and Childhood Overweight Prevention Grant upon review and approval of County Counsel. b. Approved the Healthy Eating and Childhood Overweight Prevention Grant. c. Increase in revenue account # by $84,099 for FY d. Approved & authorized recruitment of a limited term Community Service Worker. e. Increase appropriations in the following accounts: Personnel salaries by $ 28,714 Office Expense by $ 4,700 Equipment by $ 5,900 Special Department Expense by $ 34,770 Out of County by $ 9,000 In County by $ 1,015 PUBLIC WORKS 34. Approved the following actions: a. Approved resolution no , entitled, Resolution of the Board of Supervisors of the County of Imperial Authorizing the Submission of A Federal Transit Administration Section 5307 Application for Operating Funds for use Within the Regional County-Wide Transit System. b. Directed County Counsel to provide staff assistance to the grant process. c. Authorized staff to forward the resolution and subsequent grant application to the FTA and Caltrans. 35. Approved the following actions: a. Authorized the Director of Public Works to negotiate an agreement with DD & E for the necessary engineering for the SDSU Road intersection Improvements on State Route 78 with exact costs to be determined and not to exceed $30,000. b. Directed County Counsel to take any and all legal actions necessary for this project. c. Authorized the Chairman to sign the agreement between DD&E and the County of Imperial. 36. Continued - Local Road Construction Policy with landowner participation at 50% of the project cost OR approve a local Road Construction Policy with landowner participation at 100% of the road oil cost (estimated at 25% of the project). 37. Approved resolution no , entitled, Resolution Accepting Patent From United States of America for T. 9 S., R. 21 E., S.B.M. 15, S1/ 2SW1/ 4SW1/ SNE1/ 4SW1/4, SE1/ 4SW1/ 4SW1/ 4NW1/ 4SW1/ 4, E1/2 E1/2NE1 /4SW1 /4, SW1/ 4SE1/ 4SW1/4, NW1/4SW1/4, SE1/4SW1/4,N1/2NE1/4SW1/4SE1/4SW1/4, SW1/4N31/4SW1/4, N1/2N1/2SE1/4SE1/4SW1/4, Area also known as Palo Verde Landfill. SHERIFF-CORONER 38. Authorized acceptance of proposal from Camali Corp. Authorized the Sheriff-Coroner to sign the document, and the Chairman to sign the contract with Camali Corp for the Sheriff s Data Center Assessment approximate amount of $22,900. SOCIAL SERVICES 39. Approved and authorized Chairman to sign MOU between Social Services and Behavioral Health for FY Approved the following appointments to the Local Child Care Planning Council: Pearl Fimbres (Consumer Rep), and Abril Barreto, (Consumer Rep).

6 Proceedings Page 6 December 17, 2002 Other Items: 41. Current demands were ordered paid. 42. Miscellaneous reports were ordered filed: a. Planning/Building, Building Permit Averages for December b. Central Duplicating, Activity Report, November Supplemental: SHERIFF/CORONER 43. Continued - proposal from Prime Tech for consulting services, Data Center Consulting Services approximate amount of $94, The next regular Board of Supervisors meeting was scheduled for Tuesday, January 7, 2003, at 9:30 a.m., Board Chambers, 940 Main Street Suite 211, El Centro, California. 45. Meeting adjourned at 2:06 p.m. Albert Espinoza Clerk of the Board