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Board Minutes - April 20, 2004

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 9:12 a.m., on Tuesday, April 20, 2004, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Carroll “Butch” Hambleton presiding, Linda Arcularius, Ted Williams, and Michael Dorame. Supervisor Bear was absent.  Supervisor Hambleton provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

 

 

Announcement

The Chairperson announced that Agenda Items No. 12.  ENVIRONMENTAL HEALTH - Request approval of three well permit applications submitted by the City of Los Angeles, Department of Water and Power, for three monitoring wells located near the L.A. Aqueduct and Highway 395, in the vicinity of Reinhackle Springs, six miles north of Lone Pine; and No. 14.  TREASURER-TAX COLLECTOR - Request Board A) amend the FY 2003-04 Treasurer-Tax Collector Budget Unit 010500 by increasing estimated revenue in Treasurer’s Administrative Fee (Revenue Code #4825) by $2,300 and increasing appropriations in Office Equipment (Object Code #5669) by $2,300, (4/’5’s vote required); and B) approve the purchase of a personal computer and software for the Treasury operations; had been pulled at the request of the Departments.

 

Post Agenda/DWP 2004-05 Pumping Plan

The County Administrator presented for consideration a post agenda closed session item regarding a 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.  The County Administrator and County Counsel provided the Post Agenda justification by explaining that the need for the Board to take action on this item came to Staff’s attention after the agenda for the April 20, 2004, Board of Supervisors Meeting was posted and since the deadline for DWP’s publication of the Annual Operations Plan is April 20, 2004, there is a need for the County to take action on this item prior to the next regularly scheduled Board of Supervisors Meeting.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to find that the need to discuss a closed session item regarding 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 arose after the Agenda for the April 20, 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. 18A.  Motion carried unanimously, with Supervisor Bear absent.

 

Public Comment

The Chairperson announced the public comment period.  Mr. Frank Hayes, Superintendent of the Manzanar National Historic Site invited the Board to attend the upcoming ceremonies and events commemorating the Manzanar Annual Pilgrimage and the Dedication and Grand Opening of the Manzanar Interpretive Center, which are scheduled for April 23 and 24, 2004.  Mr. Bill Michael, Library/Museum Director, addressed the Board to congratulate the National Park Service on the Interpretive Center and to provide a brief chronology of the partnership and collaborative efforts between the County and the NPS, which have culminated in the success of this project.

 

County Dept. Reports

The Chairperson announced the County Department Report period.  The County Administrator provided a brief update on the status of the State Budget and ERAF II. 

 

Transit/Bus Stop Signs

Moved by Supervisor Arcularius and seconded by Supervisor Williams to declare Safeway Sign Company a sole-source provider of bus stop signs and approve the purchase of 50 bus stop signs from Safeway Sign Company in an amount not to exceed $4,673.12.  Motion carried unanimously, with Supervisor Bear absent.

 

HHS-Behavioral Hlth./Office of Ed Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Memorandum of Understanding (MOU) between the County of Inyo and the Office of Education to provide services to emotionally disabled children for fiscal year 2003-2004, in the amount of $35,725, and authorize the Chairperson to sign and establish the Children with Disabilities Mental Health Trust as required  for the separate maintenance of the funds.  Motion carried unanimously, with Supervisor Bear absent.

 

Resol. #2004-15/ Gerkin Rd. Bike Lane Notice of Completion

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-15 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Gerkin Road Bicycle Lane Project:  motion unanimously passed and adopted, with Supervisor Bear absent.

 

Rd. Dept./Hwy. 395 Detour

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the detour of Highway 395 traffic onto County roads in Lone Pine on June 26, 2004, from 2:45 p.m. to 3:00 pm.  Motion carried unanimously, with Supervisor Bear absent.

 

Workshop on Mosquito Abatement Fees

The Chairperson recessed open session at 9:30 a.m., to convene with all Board Members present, except Supervisor Bear, in a workshop with the Agricultural Commissioner on Mosquito Abatement Assessment Fees.  The Chairperson recessed the workshop at 10:25 a.m.

 

Workshop w/Farm Advisor on Quality of Life Survey

The Chairperson convened, at 10:25 a.m., with all Board Members present, except Supervisor Bear, a workshop with the Farm Advisor to receive the results of the Quality of Life Survey.  The Chairperson recessed the workshop at 11:05 a.m.

 

CAO-Budget/ Program Fees

The Chairperson reconvened open session at 11:20 a.m., with all Board Members present.  The County Administrator reviewed a variety of County Program Fees which Staff is recommending be increased.  Mr. Mendez explained that it has been many years since these fees have been increased, and reviewed the Staff report and justification for raising fees at this time. Mr. Mendez also informed the Board that while Planning Fees were not addressed in the paperwork provided to the Board the Department is analyzing the fees and will bring back recommendations for increases in the near future.  The Board and the County Administrator discussed the parameters for the evaluation of the fees and how the Board would like to see the fee increases returned for further consideration.  The Board indicated that in order to enhance the public’s ability to participate in the discussions on fee increases, and in order to make the decision on whether to initiate the formal process to increase the fees or not, they wanted to discuss the targeted fees one more time.  The Board asked that when the fees are returned for further consideration the Staff report include discussions on the following: (a) alternatives to the fee increases; (b) comparisons to other counties’ fees for like services; (c) identification of the basic service provided by the fees and the impact of not raising the fees; (d) what sectors of the population are effected by the fees (who pays the fees); and (e) recommendations for annual review of the fees and/or the possibility of incremental fee increases and built in escalators.  Prior to discussing the various fees individually with the Departments the Board took a lunch recess.  The Chairperson recessed the regular meeting at 12:15 p.m., reconvening at 1:15 p.m., with all Board Members present, except Supervisor Bear.  

The Board and Staff of the Department’s recommending program fee increases discussed the proposed increases in detail and at length, with the Board requesting that the individual departments agendize the proposed fee increases for further consideration, providing the information, analysis and additional data requested by the Board.  The Board asked that airport fee increases, where appropriate, incorporate all of the County’s airports and not just the Eastern Sierra Regional Airport.  The County Administrator provided additional clarification that during the discussion the Department’s would also provide a timeline for implementation of the various fee increases.

 

Closed Session

The Chairperson recessed open session at 3:15 p.m., to convene in closed session, with all Board Members present, except Supervisor Bear, to discuss Agenda Item No. 18A.  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.  The Chairperson recessed closed session at 4:50 p.m., to reconvene in open session, with all Board Members present, except Supervisor Bear.

 

Rd. Dept./Walnut Tree Removal Mr. Jeff Jewett, Public Works Director, reviewed the request for County Road Personnel to remove two large walnut trees in the road right-of-way on Market Street in Independence.  Mr. Jewett explained that the item was returned for further discussion because of a concern for the County removing trees, which are considered nuisances rather than safety hazards and in order to provide for the Supervisor who represents Independence to participate in the discussion.  Mr. Jewett explained that in the past the County has removed trees because they are nuisances.  Supervisor Hambleton thanked the Board for continuing this item to give him an opportunity to participate and said that he supported the removal of the trees.  The Board and Staff continued to discuss the tree-removal policy. 

Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize County Road Department Personnel to remove two large walnut trees in the road right-of-way at 341 and 351 E. Market Street, in Independence and direct the Public Works Director, at his discretion, to bring back for further consideration a “tree removal policy” which set the criteria and delegates the authority for tree-removal to the Public Works/Road Commissioner.  Motion carried unanimously, with Supervisor Bear absent.

 

BofS/Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the minutes of the April 6, 2004, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Bear absent.

 

Report on Closed Session

County Counsel announced that Closed Session Items No. 16.  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. 17.  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; and No. 18.  PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Performance Evaluation – Title:  Planning Director; had been pulled from consideration and were not discussed in closed session.  County Counsel went on to report that with regard to Post Agenda Closed Session Item No. 18A, there was nothing discussed in closed session which was required by law to be reported on in open session. 

 

Board Members and Staff Reports

Supervisor Arcularius asked Staff to agendize an item for next week’s agenda for Board consideration of a letter requesting Congressman McKeon to cosponsor legislation to support a House Budget Committee resolution to fully fund PILT.   Supervisor Dorame reported on a meeting he had attended in Shoshone with the BLM. 

 

CSAC/Weekly Discussion

The Board received the CSAC update information on the In-Home Supportive Services Program and discussed the potential impacts to the County.

 

HHS-Misc./HIPAA Appointments

Moved by Supervisor Williams and seconded by Supervisor Dorame to A) appoint Margaret Peterson, Director of Program and Fiscal Evaluation, as Privacy Officer for Inyo County; B) approve the Inyo County Health Insurance Portability and Accountability Act (HIPAA) Polices and Procedures; and C) authorize the Privacy Officer to modify and/or develop forms and any other processes necessary to operationalize the Board approved HIPAA Policies and Procedures.   Motion carried unanimously, with Supervisor Bear absent.

 

Adjournment

The Chairperson adjourned the regular meeting at 5:30 p.m., to 9:00 a.m., April 27, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

 

                                               ________________________________________                                                Chairperson, Inyo County Board of Supervisors

 

Attest:    RONALD JULIFF
               Clerk of the Board

 

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