County of Inyo

SPECIAL MEETING

The Board of Supervisors of the County of Inyo, State of California, met in special session at the hour of 9:15 a.m., on Tuesday, August 24, 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 Julie Bear was absent.  Supervisor Hambleton provided the Invocation, and Supervisor Dorame led the Pledge of Allegiance.  

Public Comment

County Dept. Reports

Water Dept./EPA Grant Amendment

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the U.S. Environmental Protection Agency (EPA) Assistance Amendment and direct that in order for the full grant amount to be applied toward the County’s $3.75 million financial obligation for the LORP, the County will charge no indirect or administrative costs against these grant funds. Motion carried unanimously, with Supervisor Bear absent. 

Resol. 2004-40/ Aid and Care of Indigent And Dependent Poor

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-40 was approved, establishing standards for the medical aid and care of indigent and dependent poor residents of Inyo County, pursuant to Welfare and Institutions Code Section 17001:  motion unanimously passed and adopted, with Supervisor Bear absent.

Resol. 2004-41/ Extending Deadline for Tax Rates

On a motion by Supervisor Dorame and a second by Supervisor Arcularius, Resolution No. 2004-41 was approved, extending the deadline for adoption of tax rates for the 2004 Secured Tax Roll from the first business day in September to October 3, 2004 as provided for in Government Code Section 29100: motion unanimously passed and adopted, with Supervisor Bear absent.

County Counsel/ Indian Gaming Conflict Code

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the proposed Conflict of Interest Code for the Indian Gaming Local Community Benefit Committee.  Motion carried unanimously, with Supervisor Bear absent.

Grand Jury/  Response to 2003-04 Report

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the report to Judge Dean Stout, Presiding Inyo County Trial Court Judge, responding to the findings and recommendations in the 2003-2004 Grand Jury Final Report, as amended adding “it is” on the bottom of page 8 and replacing the word “stressors” with “factors” on page 9, and correcting the word “evolutions” to “evaluations” on page 2, and authorize the County Administrator to sign the transmittal letter.  Motion carried unanimously, with Supervisor Bear absent.

Resol. 2004-42/ Declaration of Emergency Re: Furnace Creek Flooding

Recess/

Reconvene

The Deputy County Administrator reviewed the Agreement with the Concessionaire for the operation of the Tecopa Hot Springs Park and Campground.  Mr. Brad Goans, Tecopa Resident, addressed the Board to oppose the County entering into a concessionaire contract.  The County Administrator, entered into the record the verbally relayed opposition to the contract which was  raised by a Eli Pollack, a New Jersey residents, in a recent phone conversation.  The President of CLM addressed the Board to introduce himself and to acknowledge that the Company was entering into an unknown proposition and was taking what he called a “calculated gamble.”  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the Agreement between the County of Inyo and California Land Management for concessionaire operations of the Tecopa Hot Springs Park and Campground for the period of October 1, 2004, through June 30, 2014, including two five year options to renew; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously, with Supervisor Bear absent.

Reconvene

The County Administrator reviewed in detail and at length the recommendations for the adoption of the FY 2004/05 Final Budget.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to after a review and discussion of the FY 2004/05 Final Budget, including but not limited to (i) those changes which were directed by the Board to be included in the final budget; (ii) those changes which have been included by the County Administrator; and (iii) any other changes which may be made as a result of this discussion; adopt the FY 2004/05 Final Budget as recommended by the County Administrator, and as amended, if necessary; approve minor adjustments to the Separation Incentive Plan (SIP); approve an updated Vacancy Position Report; modify the hiring freeze; and authorize the Auditor-Controller, if necessary, to use the Water Systems Upgrade Trust as a revenue source for the Lone Pine and Laws Water Systems budgets.  Motion carried unanimously, with Supervisor Bear absent.

Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes of the August 10, 2004, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Bear absent.

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the minutes of the August 16, 2004, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Williams abstaining and with Supervisor Bear absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 1:05 p.m., reconvening at 2:10 p.m., with all Board Members present, except Supervisor Bear.  The Chairperson immediately recessed and convened as the Board of Equalization. (See separate minutes.) The Chairperson reconvened as the Board of Supervisors at 3:30 p.m., with all Board Members present, except Supervisor Bear.

Board Members and Staff Reports

The Board Members briefly reported on their activities during the preceding week, including an RCRC Meeting, an LTC Meeting, and with the County Administrator announcing that the County had lost its FAA grant funding for the Lone Pine Airport and most probably for Independence also, as a result of DWP not extending the Airport Leases. 

Closed Session

The Chairperson recessed open session at 4:15 p.m., to convene in closed session to discuss Agenda Items No.  13.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Deputy Sheriff’s Association (DSA) - Negotiator - County Administrative Officer & Personnel Analyst;  No. 14.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Law Enforcement Administrators’ Association (LEAA) - Negotiator - County Administrative Officer & Personnel Analyst; No. 15.  PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Decision to Appoint-Title - Director of Environmental Health; and No. 16.  PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Discipline.

Recess/

Reconvene

P.W.-Town Water Systems Rate Structure

The Public Works Director, made a power point presentation regarding the proposed new rate structure for the operation and maintenance of the Town Water Systems.  Mr. Ken Lloyd, addressed the Board to indicate the willingness of the Laws area owners to form a CSD and operate their own Town Water System and to encourage both Independence and Lone Pine to do the same.  Other members of the audience who addressed the Board regarding the proposed new rate structure were Joe Andrews, Independence Resident, Lefty Irwin, Bishop Resident, Dale Comontofski, Bishop Resident, Jim Bilyeu, Independence Resident, Arlene Grider, Independence Resident, Nancy Masters, Independence Resident, Bennett Kessler, Independence Resident, and Joe Ruiz of Lone Pine.  Responding to questions regarding the use of existing Water Department resouces to fund the Town Water Systems, the County Administrator provided budget impact information and scenarios.  The Board and members of the audience continued to discuss a variety of items concerning the proposed rate increase, with Staff responding to questions from the audience members and providing additional input on the following: 

·                                 State requirements for permitting water systems.

·                                 The need for the operator(s) to have sufficient rate structures to maintain the systems to provide safe and reliable water.

·                                 The additional operations that County has assumed since the original rates were implemented, i.e., chlorination, continuous monitoring and 24/7 stand-by responders.

·                                 The need to work with the local CSD to facilitate the transfer of the systems.

·                                 Concern with the amount of the rate increase.

·                                 The inability for the ratepayers to absorb the proposed increase.

·                                 The inclusion of lifeline rates.

·                                 The affect the proposed increase will have on the amount of water, which is used on the local lawns and gardens.

·                                 The ability of the County to subsidize the Systems with DWP funding paid to the County.

·                                 The impact of reducing Water Department funding in order to subsidize the systems, i.e., reduction in ground waters studies, monitoring etc.

At the conclusion of the discussion the Chairperson directed Staff to schedule joint Board of Supervisors Meeting with the Lone Pine CSD and the Independence CSD regarding the transfer of the Town Water Systems. 

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 special meeting at 9:00 p.m.