Board Minutes - June 15, 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 9:10 a.m., on Tuesday, June 15, 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 Williams led the Pledge of Allegiance.

Public Comment

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

 

County Dept. Reports

The Chairperson announced the County Department report period.  The County Administrator informed the Board that the Forest Service has notified the County that the Rainbow Life Group congregating location had been chosen and they would be meeting in the Lassen/Modoc area this year. 

 

Post Agenda/

Road Closure

The County Administrator requested the Board consider a post agenda item, to authorize a road closure in Lone Pine.  He explained that the Road Department had not received the request for the road closure until yesterday and it was to close the road on June 26 and 27, which is prior to the next Board Meeting.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to find that the need to consider the closure of a portion of Lone Pine Avenue on June 26 and June 27, arose after the Agenda for the June 15, 2004, Board of Supervisors Meeting was posted, and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore this item is added as Agenda Item No. 39A.  Motion carried unanimously.

 

DA/Budget Amendment

Moved by Supervisor Bear and seconded by Supervisor Williams to amend the FY 2003-04 budget by increasing estimated revenue in District Attorney Budget Unit 022400, Restitutions (Revenue Code #4676) by $16,928 and increasing appropriations in Special Appropriations (Object Code #5321) by $16,928.  Motion carried unanimously.

 

DA/Deputy DA Appointment

The District Attorney, Mr. Art Maillet, provided additional justification for the hiring of Thomas Hardy as a Deputy District Attorney.  Mr. Maillet confirmed that with the hiring of Mr. Hardy, contract services for DA assistance would no longer be required.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to suspend the hiring freeze and authorize the hiring of previous long-time Assistant District Attorney Thomas L. Hardy as a Deputy District Attorney at a Range 85 Step E ($5,594).  Motion carried unanimously.

 

Parks/Bishop Waste Disposal Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bear to approve Amendment #2 to the Contact between the County of Inyo and Bishop Waste Disposal for waste disposal services for parks and campgrounds located in the Independence and Lone Pine areas increasing the Contract by $2,800 to an amount not to exceed $11,575 for the period of July 1, 2003 through June 30, 2004; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Parks/Bishop Waste Disposal Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bear to approve Amendment #1 to the Contract between the County of Inyo and Bishop Waste Disposal for chemical toilet services for the Big Pine Transfer Station, Bishop-Sunland, Independence, and Lone Pine landfills increasing the Contract by $1,177 to an amount not to exceed $5,100 for the period of July 1, 2003, through June 30, 2004; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

CAO-Admin. Serv./Cottonwood Plaza Lease

Moved by Supervisor Williams and seconded by Supervisor Bear to A) approve the consolidated lease agreement between the County of Inyo and Bishop Development Company of Shafter, California, for office space in Cottonwood Plaza for Integrated Waste Management, Risk Management, Personnel, and Board of Supervisors/County Administrator, for the period of July 1, 2004, through June 30, 2005, at the rate of $1,436.83 per month contingent upon Board’s adoption of a FY 2004-05 budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Forest Serv./Fire Prevent Grant Award Change

Moved by Supervisor Williams and seconded by Supervisor Bear to A) change the previously awarded Fire Prevention and County Planning Grant of $3,900 from the Aspendell Volunteer Fire Department to the Aspendell Mutual Water Company and B) approve a contract between the County of Inyo and the Aspendell Mutual Water Company in the amount of $3,900 and authorize the County Administrator sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

 

Emergency Serv./ Enviroguide Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Enviroguide for awareness training and exercise development services for the period of June 1, 2004, through October 31, 2004, in an amount not to exceed $16,560, 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.  Motion carried unanimously.

 

Ag. Comm.- Mosq. Prog./Chemical P.O.

Moved by Supervisor Williams and seconded by Supervisor Bear to A) declare Adapco, Inc. (Fennimore Chemicals) a sole-source provider for certain mosquito abatement chemicals and supplies for the period of July 1, 2004, through June 30, 2005; and B) approve the purchase, through the use of blanket purchase orders, of mosquito abatement chemicals from Adapco, Inc., as recommended by Staff in an amount not to exceed $20,899.70.  Motion carried unanimously.

 

County Counsel/ Great Basin APCD Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Agreement between Great Basin Unified Air Pollution Control District and the County of Inyo for County Counsel’s Office to provide certain legal services to the District during the period of July 1, 2004, through June 30, 2005, in the amount of $12,500, contingent upon the Board’s adoption of a FY 2004-05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-First Five Comm./UC Contract Oral Health Serv.

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the Regents of the University of California, for Oral Health Services for the period of June 15, 2004, through June 14, 2007, in an amount not to exceed $42,000, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Hlth. Serv./ Clinica Sierra Vista Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Clinica Sierra Vista for the provision of medical services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $5,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Calworks/  Office of Ed. Child Care Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the Inyo County Superintendent of Schools for child care services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $220,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Charis Youth Center Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Charis Youth Center for the provision of mental health placement services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $55,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Dogris Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bear to approve Amendment Number One to the Contract between the County of Inyo and Nicholas Dogris, Ph.D., for MediCal mental health services, increasing the Contract by $1,200 to an amount not to exceed $11,200, for the period of July 1, 2003, through June 30, 2004; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-AODS/SIG Grant Application

Moved by Supervisor Williams and seconded by Supervisor Bear to allow Health and Human Services to apply for the State Incentive Grant (SIG) Program through the California Department of Alcohol and Drug Programs for a total three-year amount of $450,000 and authorize the Alcohol and Drug Administrator/Health and Human Services Director to sign the grant application.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Hallis Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Hallis, LLC for the provision of professional accounting, reporting and consultation services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $7,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Behavioral Hlth./Mono County Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Mono County for the provision of residential alcohol and drug treatment for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $80,000; contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Behavioral Hlth./Merced Behavioral Hlth. Center Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Merced Behavioral Health Center for residential placement of adults in a locked facility for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $92,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Hlth. Serv./ Richardson Contract

Moved by Supervisor Williams and seconded by Supervisor Bear to approve the Contract between the County of Inyo and James Richardson, M.D., for Health Officer Services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $97,585, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Planning/SAIC Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bear to approve Amendment No. Two to the Agreement between the County of Inyo and SAIC, for provision of environmental review and processing services, changing the scope of work to reflect unanticipated cycle of Draft Environmental Impact Review by the County and by SAIC and additional research necessary to resolve water quality and traffic issues and increasing the Contract by $10,095, to an amount not to exceed $99,679 for the period of May 6, 2003, through June 30, 2004; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

P.W./Parcel Map 362 Approval

Moved by Supervisor Williams and seconded by Supervisor Bear to approve Parcel Map No. 362, accept the Offer of Dedication for road purposes of the right-of-way for Whitney Portal Road as shown on the map, and reject the Offer of Dedication for road purposes the two 60’ wide right-of-ways through parcel 3 as shown on the map.  Motion carried unanimously.

 

BoS/CSAC Update

County Administrator reported there were no budget or CSAC topics for discussion this week.  He indicated that CSAC was continuing to support the alternative budget plan.

 

Resol. #2004-21/ Transit Grant Application

Ms. Monika Watterson, Inyo Mono Transit Program Director, provided additional information and further justification for the request to apply for 5311(f) Grant funding.  On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-21 was adopted, authorizing the Transit Program to submit a 2004 Federal Transportation Administration 5311(f) Grant for funds totaling $80,425 to operate route extensions between Carson City and Reno, Nevada, as well as, between Mammoth Lakes and Bishop, California along the Hwy 395 corridor (CREST Route); and authorize the Transit Program Director to sign related contracts and reimbursement requests on behalf of the County:  motion unanimously passed and adopted.

 

Resol. #2004-22 Forest Serv./ Safety Net Full Payment Amount Allocation

The County Administrator provided additional information on the allocation of this year’s Forest Service Special Project funds.   On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-22, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, for the Designation of 15% to 20% of the Safety Net Full Payment Amount to be Allocated to Local Projects,” was adopted: motion unanimously passed and adopted.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to reaffirm the use for the approximately $67,000 of HR 2389 Forest Service Special Project Fund revenues estimated for Fiscal Year 2004-05, divided equally between the Inyo County Office of Education and Inyo County for the following purposes: (i) to the Inyo County Office of Education for Forest Related Educational Opportunities (estimated at $33,500); and (ii) to the County of Inyo (estimated at $33,500) for (a) search and rescue activities on Federal lands paid for by the County (up to $10,000) and (b) a grant program for fire prevention and County planning for Fire Safety Councils ($23,500); to direct Staff to adjust the FY 2004-05 County Budget accordingly, once the funds are received by the County; and schedule the beginning of the 45-day Public Comment period to begin September 1, 2004, and ending November 15, 2004.  Motion carried unanimously.

 

CAO-Personnel/ Oldenburg Contract Amendment

The County Administrator asked that the date of December 15, 2003, be reflected in the term of the Contract.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve Amendment No. 3 to the Contract between the County of Inyo and Dave Oldenburg for provisions of personal services as a County Officer, changing the term to read “FROM: December 15, 2003 TO: until terminated;” and authorize the Chairperson to sign.  Motion carried unanimously.

 

Senior Prgm./ Budget Amendment & Loan Relief

Mr. Charles Broten, Inyo Mono Senior Program Director, provided additional information and further clarification on the need for a budget amendment and loan relief for the Senior Program.  The County Administrator confirmed that the request for the loan relief was contrary to the Board’s policy, explaining that there is no way for the Program to reimburse the County and in an effort to clean up the accounting records, the reduction in the loan balance was needed.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to amend the FY 2003/04 IMAAA/IMSP Budget Unit 612500 by increasing estimated revenue by $65,477 to $1,618,250 as recommended by Staff and by increasing appropriations by $61,326 to $1,618,250 as recommended by Staff; and B) reduce the outstanding loan balance in the IMAAA/IMSP Budget Unit 612500 by $42,011.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., reconvening at 10:15 a.m., with all Board Members present.

 

Planning/General Plan Amendment re: Gross & Net Acreage and Water & Sewer Connections

The Chairperson opened the public hearing at 10:15 a.m., to consider General Plan Amendments regarding gross and net acreage of parcel size and water and sewer connection requirements.  The Planning Director, Ms. Leslie Klusmire, reviewed the Staff Report and recommendations regarding the approval of the General Plan Amendments.  At the conclusion of Ms. Klusmire’s remarks she requested that the Staff Report and its attachments be entered into the record.  They were marked Exhibit A.  The Clerk requested that letters received regarding this matter also be entered as follows:  Exhibit B, a letter dated June 10, 2004, from Triad/Holmes Associates, asking for clarification on driveway access and easements; Exhibit C, the June 7, 2004 letter from Fritz & Eileen Schain, McLaren Residents, supporting the amendments; and Exhibit D, the June 14, 2004 letter from James Bassage, McLaren Resident, opposing the amendments. 

Ms. Joan Lewis, McLaren Resident, read a letter into the record from Davis Moxley, DWP Lease Holder for property just east of McLaren, opposing the amendments and it was marked Exhibit E.  Ms. Lewis then read into the record her letter opposing the Amendments and it was entered into the record as Exhibit F.  Mr. John Garner, McLaren Resident, commented on his thoughts regarding the responsibilities of the Board of Supervisors in making this decision.  Mr. Jim Core, McLaren Resident, supported the amendments. 

Mr. James Bassage, McLaren Resident, addressed the Board to provide lengthy commentary and arguments opposing the General Plan Amendments.  During Mr. Bassage’s commentary he entered into the Record the following Exhibits:  Exhibit G, a copy of a portion of the “State of California General Plan Guidelines” from the Governor’s Office of Planning and Research; Exhibit H, maps and color photographs of certain properties in the McLaren area; Exhibit I, copies of notes taken by Inyo County Planning Staff Member Jan Larsen, regarding a 10/2/02 meeting with Andy Holmes, Jim Core, Fritz Schain, and then Inyo County Planning Director, Chuck Thistlethwaite;  Exhibit J, an April 8, 2004, letter from James Bassage to Inyo County Planning Director, Leslie

Klusmire; Exhibit K, an April 26, 2004, letter from James Bassage to Planning Director Leslie Klusmire; Exhibit L, a May 4, 2004, letter from James Bassage to Planning Director Leslie Klusmire; Exhibit M, an excerpt of the County’s General Plan; Exhibit N, a copy of Inyo County Code, Chapter 18.27, pages 461 through 464; and Exhibit O, a 6/16/04 USGS (Internet) Report on Earthquake Hazards Program - Northern California, reflecting locations of recent earthquake activity in California and the Long Valley Caldera. 

At the conclusion of Mr. Bassage’s remarks at 12:30 p.m., the Chairperson recessed the public hearing, reconvening at 1:40 p.m., with all Board Members present.  The Assistant Clerk read into the record a June 15, 2004, note from Mary J. Core, clarifying Mr. Bassage’s comments regarding the context of the notes taken by Ms. Jan Larsen, see Exhibit I.  Ms. Core’s note was marked Exhibit P.   Ms. Leslie Klusmire, Planning Director, rebutted several of the comments and allegations made by Mr. Bassage regarding his correspondence to her, see Exhibits J, K, and L.  Mr. Steve Place, McLaren Resident, addressed the Board opposing the Amendments.  Mr. Don Sorensen, McLaren Resident, addressed the Board to offer an alternative to imposing the General Plan Amendments on the McLaren area, asking that the Board declare a moratorium on any actions in the McLaren area until the community’s concerns are addressed.  Ms. Shirley Fendon, McLaren Resident, opposed the Amendments and presented the Board with a petition asking the County to amend the General Plan and redesignate that portion of McLaren Ranch Estates area now designated “Residential Very Low (with minimum parcel sizes of .5 acres) to Residential Rural High Density (with minimum parcel sizes of 1.0 acres.)   The petition was marked Exhibit Q.  Ms. Fendon also presented the Board with a map of the McLaren area, which highlighted the lots of those supporting the petition, designated in “hot pink.”  The map was marked Exhibit R.  Mr. Andrew Pucio, McLaren Resident, addressed his concerns with providing fire safety and evacuation routes for the McLaren area.  Mr. Larry Huffman, Bishop Fire Department, addressed the Department’s concerns with access for safety vehicles in the McLaren area.  Ms. Marlene Cierniak, from Lone Pine, expressed her concern with the requirement that a District will have to provide water.  She cited the potential for development in Cartago as the reason why there is a need to clarify water and sewer connection language in the General Plan to not limit small development.  Mr. Dan Totheroh, Starlite Resident, addressed the Board to comment on the amendment regarding water and sewer connections and to request cross-references of the General Plan on a section-to-section basis.  Supervisor Arcularius supported Mr. Totheroh’s request for cross-referencing, questioning Staff on the feasibility.  Mr. Harry Peterson, McLaren Resident, opposed the amendments.  Mr. L. H. Stevens, recommended a full EIR on the amendments, and Mr. Ken Lloyd, representing the Eastern Sierra CSD, commented on water availability in the McLaren area and presented a copy of a portion of a CSD report, which was marked as Exhibit S.  The Board and Staff continued to discuss the proposed General Plan Amendment.  The Chairperson recessed the public hearing at 3:45 p.m., reconvening at 3:55 p.m. in the public hearing, with all Board Members present, to continue discussions on the General Plan Amendments.

 

 

The Board and Staff continued to discuss the General Plan Amendments.  They discussed the calculations for determining net acreage, and the impact of the various alternatives.  They went on to discuss, in great detail and at length the definitions of the various easements and their impact on and inclusion in the net acreage calculations, as well as the definition of a water system and the impact the current General Plan language has on other parcels throughout the County other than in the McLaren area.   They also discussed the need to cross-reference the General Plan, as well as the Board’s ability to take action on the amendment regarding water and sewer connections and continue the amendment regarding gross and net acreage size.   The Chairperson closed the public hearing at 5:15 p.m., to immediately recess the regular meeting, reconvening at 5:40 p.m., with all Board Members present.  The Planning Director provided further explanation on how net acreage and net parcel size are determined. She also reviewed the General Plan language regarding water and sewer hook-ups, explaining that under the Safe Water Drinking Act it is mandatory for new development to connect to the more sophisticated water system where it’s feasible.  In response to a question from Supervisor Arcularius, Ms. Klusmire confirmed that an individual well does qualify for a water system.  Ms. Klusmire went on to recommend that the Board take action on the General Plan Amendment regarding water and sewer connections and delay action on the net acreage issue for four months to give Staff the opportunity to work with the McLaren community to work out solutions to their development problems.  Staff confirmed that there was one other parcel in the Alabama Hills area, which will be held up as a result of the Board delaying action on the net acreage definitions.  Staff also confirmed that that the Alabama Hills property owner is not pressing for a decision at this time.

 

Resol. #2004-23/ Water and Sewer Connection GPA #2002-3/Inyo County

Moved by Supervisor Williams and seconded by Supervisor Bear to adopt Resolution No. 2004-23, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Adopting Negative Declarations of Environmental Impact Concerning, Making Certain Findings with Respect to, and Approving, General Plan Amendment No. 2002-3/Inyo County which Changes the Water and Sewer System Connection Requirements for New Development in the RL and RVL Land Use Designations,” and postpone consideration on the net acreage for four months to allow the residents of the McLaren area to start the process of developing a solution to the development problems.  Motion carried unanimously.

 

P.W./Owenyo 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 Owenyo Services for the operation and maintenance of the Independence, Laws, and Lone Pine Town Water Systems, extending the Contract to the period of July 1, 2003, through June 30, 2005, in an amount not to exceed $303,072, 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.  Motion carried unanimously.

 

CAO-Econ. Dev./ Applied Dev. Economics Contract CDBG Support

Moved by Supervisor Bear and seconded by Supervisor Williams to ratify the Contract between the County of Inyo and Applied Development Economics for the provision of a study and technical support for CDBG Grant #02-EDBG-897 in an amount not to exceed $24,500 for the period of March 23, 2004, through February 28, 2005, contingent upon the Board’s adoption of a FY 2004-05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Resol. #2004-24/ Waste Oil Recycling Grant

On a motion by Supervisor Dorame and a second by Supervisor Bear, Resolution No. 2004-24, allowing Inyo County to participate in the 2004/05 Waste Oil Recycling Grant - Tenth Cycle, in the amount of $15,900, was adopted: motion unanimously passed and adopted.

 

CAO-Budget/FY 2004/05 Preliminary Budget The County Administrator requested an addition to Staff’s recommendation regarding the Preliminary Budget, to include a $6,000 expenditure in the Inyo Mono Transit Budget for the purchase of bus stop schedule holders.  Mr. Mendez clarified that only 30% of last year’s allocation for the Grants-in-Support recipients was being recommended in the Preliminary Budget, explaining that this would secure first quarter funding for the organizations, while giving the Board the opportunity to review the GIS budget in context with the overall budget recommendations. 

 

Moved by Supervisor Arcularius and seconded by Supervisor Williams to A) adopt the Fiscal Year 2003/2004 Board Approved budget as the Preliminary Budget for Fiscal Year 2004/05 and approve the fixed assets as recommended by Staff and to include a $6,000 expenditure in the Inyo Mono Transit Budget; and B) authorize the County Administrator to sign the contracts with Grants-in-Support agencies, contingent upon appropriate signatures being obtained and contingent upon the adoption of a Final Board Approved budget for Fiscal Year 2004-05.  Motion carried unanimously.

 

Ag. Comm./FY 2003-04 Mosquito Abatement Chemical P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the purchase of mosquito abatement chemicals from Adapco, Inc. (Fennimore Chemicals) as recommended by Staff; and B) authorize the Auditor to make the following changes in the Owens Valley Mosquito Abatement Program Budget Unit 154101 as follows: debit Account 5001 $7,300; credit Account 5311 $7,300.  Motion carried unanimously.

 

Auditor/Great Basin APCD Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to ratify the Contract between the County of Inyo and Great Basin Unified Air Pollution Control District for the provision of financial services for FY 2003-04, in the amount of $31,427; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Coroner/Deputy Coroners, Dr. Jones and Medtox Contracts The County Administrator provided additional information and further clarification on the contracts for Coroner Services.  He informed the Board that the Deputy Coroner contracts had increased $30 per month and recommended the Board not authorize the increases, approve the contracts at last year’s amounts and consider contract adjustments during budget hearings.  Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Contracts between the County of Inyo and the following for the period of July 1, 2004, through 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: A) Medtox Laboratories, Inc. for toxicology services in an amount not to exceed $3,600; B) Milton R. Jones, M.D. for autopsy services in an amount not to exceed $32,900; C) Robert A. Franke for deputy coroner services at the rate of $810 per month; and D) Cecil T. Compton for deputy coroner services, at the rate of $680 per month.

 

E. Health/DWP Monitoring Well

The Board discussed the recommendation to not bring LADWP small diameter wells, other than domestic wells, before the Board for approval.  The Board asked Staff to bring this item back at a future date for Board consideration.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the well permit application submitted by the City of Los Angeles Department of Water and Power for the issuance of a drilling permit for a replacement monitoring well to be located in Lone Pine.  Motion carried unanimously.

 

P.W./TEA Funding Exchange

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the submittal of a letter to Caltrans requesting exchange of $759,671 of TEA funding for State Match Funding.  Motion carried unanimously.

 

Rd. Dept./Rd. Closure

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve the temporary closure of a portion of Lone Pine Avenue between Whitney Portal Road and Mountain View in Lone Pine from 8:00 a.m., Saturday, June 26, 2004, to 4:00 p.m., Sunday, June 27, 2004.  Motion carried unanimously.

 

Integrated Waste/ Fee Increase Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff Report and recommendations for increasing Solid Waste Disposal Fees.  Supervisor Hambleton indicated that he was unwilling to even entertain raising solid waste fees until the issue of raising the Transaction and Use Tax (TUT) has been taken to the people.  Supervisor Hambleton indicated that he felt the voters should make the decision on whether they want their sales tax increased or they want to pay increased solid waste fees including a gate fee.  The County Administrator explained that currently the General Fund provides over $500,000 to the solid waste program over and above the current TUT tax generated and dedicated to the program.  The Board and Staff discussed the possibility of placing a measure increasing the TUT on the November 2004, ballot.  The discussion included the percentages that the tax could be raised, the required vote to pass such a measure, as well as whether to also consider placing a measure regarding raising the Transient Occupancy Tax (TOT) on the same ballot.  The Board and Staff continued to discuss the solid waste fees and the concept of increasing the TUT.  A motion was made by Supervisor Williams, seconded by Supervisor Bear and withdrawn prior to the vote being called for which would have directed that a ballot measure tie a 1/4% increase in TUT to the solid waste program.  The motion was withdrawn because of concerns identified during the ensuing discussion which the Board felt needed further analysis.  The County Administrator provided information regarding the City of Bishop’s ability to also raise the TUT in only the City of Bishop and suggested that should the Board decide to proceed that he be given the opportunity to discuss this with the City Manager to ascertain how the City of Bishop may be pursuing this option. The Board and Staff continued to discuss the proposed ballot measure, with Bob Mayhugh, Solid Waste Supervisor, confirming that the solid waste fees are not keeping pace with the cost of the increased federal and State solid waste requirements.  He explained that one new State requirement concerning recycling was going to cost the County between $70,000 and $100,000 next year alone.   The Board and County Administrator discussed the estimated revenue which could be generated from the proposed fees increases, vs. a one-quarter percent or one-half percent TUT increase, and/or increases to the TOT.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct the County Administrator to bring back for further consideration an evaluation of placing a measure on the November, 2004, ballot to raise the Transaction and Use Tax (TUT) including in the evaluation (a) raising the current rate by 1/4% or 1/2%, (b) presenting the increase to the voters as a general purpose tax  or as a dedicated tax; (c) consideration of also placing on the ballot an increase in the TOT; and (d) the results of discussions of the proposed TUT increase with the City of Bishop.  Motion carried unanimously.

 

Closed Session

The Chairperson recessed open session at 7:20 p.m., to convene in closed session to consider Agenda Items No. 40.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Northern Inyo County Local Hospital District and Southern Inyo Healthcare District v. County of Inyo, et. al., Inyo County Superior Court Case No. SICVPT 03-33417;  No. 41.  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 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. 42.  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. 43.  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. 44.  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.

 

Report on Closed Session

The Chairperson recessed closed session at 9:05 p.m., reconvening 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 at 9:05 p.m., to 9:00 a.m., July 6, 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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Last Updated: May 18, 2006