County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period.  Supervisor Dorame addressed a letter to the editor in today’s paper in which his decisions regarding the concessionaire contract for the operations of the Tecopa Hot Springs was questioned as a conflict.  Supervisor Dorame expressed his dismay at the question being posed, and with regards to the request for a review by the Grand Jury, explained that his life is an open book. 

The Chairperson announced the County Department Report period and there were no reports forthcoming.

The Chairperson recessed open session at 9:20 a.m., to convene in a facilitated workshop with Staff and members of the public, to continue the discussion and review of the roles, responsibilities and organizational framework of the Water Department.  The Chairperson recessed the workshop at 11:35 a.m. to reconvene in open session, with all Board Members present except Supervisor Bear.

On a motion by Supervisor Dorame and a second by Supervisor Williams, Resolution No. 2004-45 was adopted accepting the improvements and authorizing the recording of a Notice of Completion for the Lubken Canyon Road Rehabilitation Project; motion unanimously passed and adopted, with Supervisor Bear absent.

The Chairperson opened the public hearing at 11:45 a.m., on the Controlled Access Highway Agreement proposed on Route 395 near Independence from 4.7 Km south of Manzanar Reward Road to 2.9 Km south of Mazourka Canyon Road.  The Public Works Director reviewed the Staff Report and recommendations and responded to questions from the Board.  There being no one from the public wishing to address this issue, the  Chairperson closed the public hearing at 11:47 a.m.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the Controlled Access Highway Agreement between the State of California and the County of Inyo; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

The Chairperson opened the public hearing at 11:58 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Increasing the Fee for administering Influenza Vaccinations.”  Margaret Peterson of the Health and Human Services Department reviewed the Staff Report and recommendations.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 12:02 p.m.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to waive the first reading of the ordinance and schedule the enactment for Tuesday, September 28, 2004, at 10:05 a.m., in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, with Supervisor Bear absent.

The Public Works Director reviewed the proposed Tree Removal Policy and responded to questions from the Board.  Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Tree Removal Policy.  Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Dorame to ratify the contract between the County of Inyo and the County of Mono for the placement of Mono County Juvenile/Ward commitments in the Inyo County Juvenile Center in the amount of $95.00 per day per minor, for the period of July 1, 2004 through June 30, 2005, and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

With regard to the request for approval of amendments to the contracts with Pacifica Development and Quad Knopf, County Counsel provided clarification on how to proceed in light of the four-fifths vote required on the budget amendment as a result of Supervisors Arcularius and Bear recusing themselves due to a conflict.  Mr. Bruce referred to a memorandum, which he submitted for the record and which detailed the “Rule of Necessity” citing Section 18701 of Title 2 of the California Code of Regulations, which he read into the record.  (see attached.)  Supervisor Arcularius declared a conflict and left the meeting while the remainder of the Board addressed the contract amendments.

Moved by Supervisor Williams and seconded by Supervisor Dorame to ratify and approve the following:  A) Amendment Number Six of the Agreement between the County of Inyo and Quad Knopf, Inc., consultants, increasing the amount payable under the contract by $71,573 to an amount not to exceed $339,326; B) Amendment Number Seven of the Agreement between County of Inyo and Pacifica Development, Inc. for the provision of environmental review and processing services, increasing the amount payable under the contract by $136,526 to an amount not to exceed $556,939; and authorize the Chairperson to sign both amendments contingent upon obtaining appropriate signatures.  Motion carried unanimously, with Supervisors Arcularius and Bear absent. 

Supervisor Arcularius rejoined the meeting.  County Counsel confirmed that with regard to the budget amendment, which requires a four-fifths vote, there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision, and reviewed the parameters, which needed to be met by Supervisor Arcularius prior to her voting on the action.  Supervisor Arcularius declared the conflict explaining that this is a business position conflict, that the property on which she resides and conducts her family’s ranching business has a ditch which conveys water across the project property. Moved by Supervisor Dorame and seconded by Supervisor Williams to amend the FY 2004/2005 Planning and Zoning budget unit 023800 by increasing estimated revenue in Services and Fees (Revenue Code #4819) by $136,526 and increase appropriations in Professional and Special Services (Object Code # 5265) by $71,573.   Motion carried unanimously, with Supervisor Bear absent.  

Moved by Supervisor Dorame and seconded by Supervisor Williams to ratify and approve the Joint Funding Agreement (JFA) between the County of Inyo and United States Geological Survey for hydrologic support services for the period of March 16, 2004 through September 30, 2005, in amount not to exceed $187,451.00 for Part II of USGS Hydrogeologic Investigations of the Death Valley region, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

Moved by Supervisor Williams and seconded by Supervisor Dorame to ratify and approve the contract between the County of Inyo and the Hydrodynamics Group, L.L.C. for the period of July 1, 2004 through June 30, 2005, in an amount not to exceed $256,000; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

On  a motion by Supervisor Arcularius and a second by Supervisor Williams Resolution No. 2004-46, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, requesting an exemption from the Public Employees Retirement Board for retired annuitant to continue as a contract employee,” was amended to include a “Now Therefore” clause asking that because of the urgency of this matter PERS  consider this request as quickly as possible, and approved:  motion carried unanimously passed and adopted, with Supervisor Bear absent.

The Board and Staff discussed a variety of options available to the County regarding extending the length of the County’s airport leases with the City of Los Angeles Department of Water and Power to twenty years.  The Board directed the County Administrator to draft a letter for the Chairperson’s signature to Mayor Hahn, regarding the need to extend the leases. 

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meeting of August 24, 2004.  Motion carried unanimously, with Supervisor Bear absent.

Reconvene

The Chairperson recessed the regular meeting at 1:20 p.m., reconvening in closed session at 2:10 p.m., with all Board Members present, except Supervisor Bear.

The Board met in closed session to discuss Agenda Items No. 15.  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 and No. 16.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9 (a) - Harold W. Butterbredt v. Inyo County Sheriff’s Department and Correctional Officer Thompson, Inyo County Superior Court Case No. SICVCV04-36910.