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,
January 6, 2004, in the Board of Supervisors Room, County Administrative
Center, Independence, with the following Supervisors present:
Chairperson Michael A. Dorame presiding, Linda Arcularius, Julie Bear,
Ted Williams, and Carroll “Butch” Hambleton.
Supervisor Dorame provided the Invocation, and Supervisor Bear led the
Pledge of Allegiance.
Chairperson announced the public comment period.
Mr. Gary Oye, U.S. Forest Service District Ranger, distributed
copies of the Environmental Impact Assessment for Human Waste Management
for Mount Whitney Trail.
County Dept. Reports
Chairperson announced the County Department Report period. Ms. Leslie Chapman, Auditor-Controller, reported on the
TEETER distribution and Mr. John Treacy, Treasurer-Tax Collector,
elaborated on the collection of taxes and the impact of delinquencies on
the TEETER distribution.
BofS/Election of Officers
Chairperson called for the election of officers for 2004. The Assistant Clerk of the Board called for nominations for
Arcularius nominated Supervisor Butch Hambleton for the position and
Supervisor Bear seconded the nomination.
The Assistant Clerk closed the nominations and called for a motion
to elect. Moved by Supervisor Dorame and seconded by Supervisor Arcularius
to elect Supervisor Butch Hambleton, Chairperson of the Board of
Supervisors for 2004. Motion
Assistant Clerk called for nominations for Vice-Chairperson.
Supervisor Arcularius nominated Supervisor Julie Bear for the
position, and Supervisor Hambleton seconded the nomination.
The Assistant Clerk closed the nominations and called for a motion
to elect. Moved by Supervisor
Dorame and seconded by Supervisor Hambleton to elect Supervisor Julie
Bear, Vice-Chairperson of the Board of Supervisors for 2004.
Dickinson explained that the Public Service Excellence award was an
in-house Health and Human Services award voted on by the Health &
Human Services staff. She
thanked the Board for the opportunity to recognize the recipients and
presented the “Public Service Excellence” award to Ms. Sue Stoutenburg
and Mr. Steve Fredrickson.
BofS/NPS Assis- tance
Mr. Jim Donavon of the National Park Services gave
a presentation on the National Park Services’ Rivers, Trails, and
Conservation Assistance Program.
The Chairperson recessed the regular meeting
at 10:05 a.m., reconvening at 10:20 a.m., with all Board Members present.
Emergency Serv./ Budget
Moved by Supervisor Bear and seconded by
Supervisor Williams to amend the FY 2003/04 Disaster Services Budget Unit
023700 by increasing estimated revenue in State Grants (Revenue Code #4498) by $250,064 and increasing appropriations as
recommended by Staff by $250,064. Motion
Public Defender/ Contracts
The County Administrator provided further
information regarding the contracts for Public Defender Services. Mr.
Mendez informed the Board that the contract for the Independence
Misdemeanor services was being recommended for approval with Mr. Henry
Moser in an amount not to exceed $77,500.
The County Administrator and the Board discussed the proposed cost
of living increases, the three-year terms of the contracts, as well as the
impact of the potential capitol murder case on this budget.
Mr. Mendez explained that the contracts cover the anticipated
demand for regular public defender services in the County and that the
cost of living increases provided the incentive for the three-year terms. He went on to say that charges for public defender services
for a capitol case would be in addition to these contracts and that the
County could seek legislative relief for the charges once they exceed,
what he thought was a $500,000 amount.
Mr. Mendez informed the Board that there are special requirements
for public defenders who defend capitol murder cases and he is in the
process of exploring the County’s options regarding acquiring the
services of a qualified public defender to handle this matter. Moved by Supervisor Dorame and seconded by Supervisor Arcularius to
approve the following contracts for Public Defender services for a
three-year period beginning January 1, 2004 through December 31, 2007,
with two one-year renewal options and an annual 2% cost-of-living increase
(COLA), contingent upon the Board’s adoption of future budgets, and
authorize the County Administrator to sign, contingent upon appropriate
signatures being obtained; (a)
Ms. Dana Crom for Juvenile Court and Welfare & Institutions Public
Defender Services in an amount not to exceed $92,500; (b) Ms. Elizabeth
Corpora for Felony Public Defender Services in an amount not to exceed
$115,000; (c) Mr. Gerard B. Harvey for Bishop Misdemeanor Public Defender
services in an amount not to exceed $115,000; (d) Mr. David Christensen
for the primary backup for Juvenile Court and Welfare & Institutions
Public Defender services in an amount not to exceed $87,000; and (e) Mr.
Henry Moser for Independence Misdemeanor Public Defender services in an
amount not to exceed $77,500. Motion
Integ. Waste/Fee Waiver Fire
Deputy County Administrator, Mr. Chuck
Hamilton, provided additional information and further justification for
the request to waive solid waste disposal fees for the Lone Pine Fire Safe
Council project to clean-up the Lone Pine Reservation.
Mr. Hamilton clarified that the issue is larger than just the
waiver of the fees, that the magnitude of the potential waste to be
disposed may exceed the daily limit of the landfill.
Mr. Hamilton went on to clarify that neither the Air Pollution Control
District nor the Lahoton Water District have jurisdiction on the
reservation which resulted in a number of alternatives being viable.
He explained that as a result of the potential
amount of waste and the location of the waste, Staff and other
agencies involved in the clean-up, have been able to designate portions of
the waste as burnable and/or recyclable. He said that at this point, the
amount of the waste and the corresponding fees is unknown until the
project nears completion. Mr.
Gary Donnelly, representing the Fire Safe Council, explained that the
request for the waiver of fees had spurred the project participants into
identifying the alternatives and that the original request was being
modified to address only the amount of waste remaining once all other
alternatives for disposal had been exhausted.
The Board, Mr. Donnelly, and Staff discussed the project, with the
County Administrator responding to concerns regarding setting a precedent
in waiving these fees and not waiving the BLM fees as was requested
several weeks ago. Mr. Mendez
provided justification on why the waiver of fees for this project was not
precedent setting by explaining that the Fire Safe Council and the
clean-up efforts are being conducted by volunteers, not a governmental
entity, that it is a one-of-a-kind project, not on-going services; and
there are real public safety
fire issues driving this project. The
Board and Staff discussed the diversion credits, which will be gained by
the County as a result of diverting most or all of the waste.
Supervisor Arcularius requested that the alternative of burying the
undiverted waste on the reservation also be considered.
The Board also asked that once the project nears completion and the
amount of potential waste which is to be earmarked for the Landfill is
determined, that the item be brought back for the Board’s consideration
of the fee waiver. The Board
explained that the reason for the request to have this item returned for
Board consideration is that it provides the project proponents the
opportunity to let the public know about the success of the project.
Moved by Supervisor Dorame and seconded by Supervisor Arcularius to
direct Staff to work with the Lone Pine Fire Safe Council and the
Community to find diversions, including burning, recycling and burial, of
the waste from the Lone Pine Reservation Clean-up Project, report back
with the results of the project, and make recommendations for the waiver
of solid waste disposal fees for undiverted waste if any.
P.W./Silver Peak and
Mazourka Peak Repeater Site Leases
Moved by Supervisor Dorame and seconded by
Supervisor Williams to A) approve the Lease Renewal Notification for the
Lease Agreement between the County of Inyo and AAT Communications
Corporation for the lease of radio/repeater sites on Silver Peak for the
Road Department, EMS, and Health Department for the period of April 1,
2004 through March 31, 2007, contingent upon the Board’s adoption of
future budgets; and authorize the Chairperson to sign; and B) approve the
Lease Renewal Notification for the Lease Agreement between the County of
Inyo and AAT Communications Corporation for the lease of radio/repeater
sites on Mazourka Peak for 911, 911 Standby, Health Department and
Administration for the period of May 1, 2004, through April 30, 2007,
contingent upon the Board’s adoption of future budgets; and authorize
the Chairperson to sign. Motion carried
Moved by Supervisor Dorame and seconded by
Supervisor Arcularius to ratify the Contract between the County of Inyo
and Harold W. Bertholf, Inc., for assessment appeal assistance services,
for the period of January 1, 2004, through December 31, 2004, in an amount
not to exceed $50,000; contingent upon the Board’s adoption of future
budgets; and authorize the Chairperson to sign.
Motion carried unanimously.
Water Dept./ Water
Mr. Greg James, Water
Director, reviewed the recommendation for the Board to appoint two Water
Commissioners, explaining that requests for appointment had been received
from Mr. Ramon Bocanegra, Ms. Margaret Bradburn, Mr. Robert Paschall, Mr.
Kirk Livermont, Ms. Janice Allen and Ms. Jeanne Lopez.
Supervisor Bear suggested that the Board appoint an Ad Hoc
committee, of two Board Members, as they had in the past, to interview the
applicants and bring back a recommendation for appointment.
Supervisor Williams, expressed his delight in having two south
County residents interested in appointment, strongly supporting Ms. Jeanne
Lopez’ appointment. Supervisor
Arcularius supported Ms. Allen’s appointment and highlighted the fact
that there was a First District resident also interested in being
appointed. Supervisor Dorame
supported the appointment of
Ms. Janice Allen and Ms. Jeanne Lopez, both from the Fifth District.
Moved by Supervisor Arcularius and seconded by Supervisor Dorame to
appoint Mr. Ramon Bocanegra and Ms. Janice Allen to the Inyo County Water
Commission to complete four-year terms ending December 31, 2007.
Motion carried on a three-to-one vote, with Supervisors Arcularius,
Williams and Dorame voting yes, with Supervisor Hambleton voting no, and
with Supervisor Bear abstaining.
Moved by Supervisor Arcularius and seconded
by Supervisor Bear to approve the minutes of the December 2, 2003, Board
of Supervisors Meeting. Motion carried unanimously on a four-to-zero vote,
with Supervisors Arcularius, Bear, Williams, and Hambleton voting yes, and
with Supervisor Dorame abstaining.
by Supervisor Dorame and seconded by Supervisor Williams to approve the minutes of
the Board of Supervisors Meetings of December 9, 2003 and December 16,
Fish & Game/ Fine Fund
Moved by Supervisor Williams and seconded by
Supervisor Bear to approve a $1,500 expenditure from the Inyo Fine Fund to
the Eastern Sierra Wildlife Care for the temporary emergency treatment and
care of injured or orphaned wildlife for FY 2003/04.
Chairperson recessed the regular meeting at 12:10 p.m., reconvening in
closed session at 1:45 p.m., with all Board Members present.
The Board convened in closed session to
discuss Agenda Items No. 14. 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 Administrative Officer & Personnel Analyst;
No. 15. PERSONNEL (Pursuant to Government Code Section 54957) - Public
Employee Performance Evaluation - Title - Planning Director; and No. 16.
REAL PROPERTY NEGOTIATIONS (Conference with Real Property
negotiators Pursuant to Government Code Section 54956.8) - Property
- Eastern Sierra Regional Airport (Bishop) - Negotiating Parties - City of
Los Angeles Department of Water and Power and the County of Inyo -
Negotiations - Price and Terms.
Report on Closed Session
Chairperson recessed closed session at 6:10 p.m., to reconvene 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.
Chairperson adjourned the regular meeting at 6:10 p.m., to 9:00 a.m.,
January 13, 2004, in the Board of Supervisors Room, at the County
Administrative Center, in Independence.
Inyo County Board of Supervisors
Clerk of the Board