Board Minutes - October 26, 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 9:05 a.m., on Tuesday, October 26, 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 Dorame provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

 

 

Public Comment The Chairperson announced the public comment period.  Ms. Arlene Grider, President of the Independence Chamber of Commerce read into the record a letter supporting and endorsing the TOT and TUT Measures on the November 2, 2004, ballot.  She also provided the Board with a Chamber press release regarding the Chamber’s support of the two measures.  The Board Members thanked Ms. Grider and the Independence Chamber of Commerce for their taking a position to support these measures.

 

County Dept. Reports

The Chairperson announced the County Department Report period.  Ms. Tamara Cohn, Director of Clinical Services, updated the Board on the status of the flu vaccine shortage in Inyo County. She reported that the County has received its allotment from the State and at 580 doses it is 75% less than what was received last year.  She explained that a portion of the County’s doses would be allotted to local health care providers, Northern Inyo Hospital, the Sierra Country Club and the Bishop Convalescent Hospital.  She also explained that the County is coordinating a “surveillance” program with local physicians in order to identify local flu diagnosis.  She indicated that she would keep the Board informed as the flu season progresses.  Mr. George Milovich, Agricultural Commissioner, updated the Board on several items relative to his Office, including the results of the 2003-2004 Effectiveness Evaluation Report for Inyo/Mono County’s Pesticide Regulatory Program which were satisfactory.

 

Water Dept./ Response to Neg. Mitigated Dec on Indy Regreening Project

Mr. Robert Mannatt, representing the proponents of the Independence Sports Complex Project, asked the Board to ensure that whatever action they take regarding the Eastside Regreening Project include protection for the Sports Complex concept.  He asked that a representative of the project proponents be included in any discussions with DWP regarding regreening issues, which might affect their project. In response to a question from Supervisor Hambleton, Mr. Mannatt confirmed that he felt the proposed letter being considered by the Board was sufficient to protect his concerns.  Ms. Loralee Cole addressed the Board to also support the Sports Complex Project.  The Board and the County Administrator discussed specific items in the letter.  Supervisor Williams expressed a concern with the description of the vegetation being vague and also with the 3 acre-feet vs. 5 acre-feet inference.  Supervisor Arcularius expressed a desire to have the effect of 3 acre-feet vs. 5 acre-feet requirements more clearly defined.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the letter to the LADWP concerning LADWP’s mitigated negative declaration on the Independence East Side Regreening Project and Town Water System, as amended to more clearly define the effect of 3 acre-feet vs. 5 acre-feet and the definition of vegetation; and authorize the Chairperson to sign and send the letter.  Motion carried unanimously, with Supervisor Bear absent. 

 

Parks/Aug. 2004 Fish Plant Payment Authorization

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve and ratify two purchase orders to Alpers Trout Hatchery for fish planting services in the amount of $1,035 each for a total of $2,070 for the August planting; and authorize the Auditor-Controller to make the payment.  Motion carried unanimously, with Supervisor Bear absent.

 

HHS-Behavioral Hlth/Mayo Newhall Hospital Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Henry Mayo Newhall Memorial Hospital for the provision of inpatient mental health managed care services, including professional services, for the period of October 1, 2004, through June 30, 2005, in an amount not to exceed $10,000; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

HHS-Behavioral Hlth./MOU re: Early Mental Health Initiative Grant

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Memorandum of Understanding (MOU) with the Bishop Union Elementary School District as part of the Early Mental Health Initiative Grant 2004 Application submitted by the District; and authorize the Chairperson and the Department Head to sign.  Motion carried unanimously, with Supervisor Bear absent.

 

HHS-Hlth Serv./ Local Bioterrorism Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Agreement between the County of Inyo and the California Department of Health Services for the provision of Local Public Health Preparedness and Response to Bioterrorism, for the period of July 1, 2004 through August 30, 2005; and authorize the Chairperson to sign.    Motion carried unanimously, with Supervisor Bear absent.

 

BofS/Prop 68 Position

The County Administrator explained that the request to take a position on Prop 68 was before the Board at the request of Mr. Josh Pelzer, who had appeared before the Board early in the month.  Supervisor Williams informed the Board that he was under the impression that the proponents of the Measure had withdrawn their efforts in light of recent polls, which indicated the Proposition was going to fail.  He said that he thought this request was now a moot point.  The County Administrator informed the Board that he expected to include in this year’s legislative platform the need for legislation that ensures that County issues and concerns are addressed before new gambling establishments are considered.  He explained that this concept parallels the Governor’s concerns in that any new State compacts for casinos are contingent upon addressing local issues. 

During the discussion on a position on Prop 68, Supervisor Arcularius mentioned that she had been asked and provided assistance to some of her constituents who were concerned that they mark their absentee ballots appropriately.  Supervisor Williams added that he had requested an absentee ballot for the November 2, 2004, election.  He went on to inform the Board that through the course of voting, he determined that the instructions did not match the ballot and that he was unable to follow the directions provided with the ballot because he had received a ballot, which was not perforated and therefore could not be punched as directed.  He explained that in checking this situation out with the County Clerk’s Office he had been told to just mark his choices and that the Elections Department would make the punches.  Supervisor Williams expressed his concern that other local absentee voters may have experienced the same problem and that he was not aware of any announcement or education process to let the public know that there was an anomaly with some of the absentee ballots or how to appropriately mark those ballots.

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to not adopt a resolution opposing Proposition 68 as requested by Mr. Josh Pelzer representing the Coalition of Indian Gaming Tribes.  Motion carried unanimously, with Supervisor Bear absent.

 

Workshop/Parks & Campgrounds Improvements

The Chairperson recessed open session at 10:05 a.m., to convene in a workshop, with all Board Members present, except Supervisor Bear, to discuss with the Deputy County Administrator the status of the Inyo County Parks and Campgrounds Improvement Plan.  The Chairperson recessed the workshop at 10:50 a.m., to reconvene in open session at 11:05 a.m., with all Board Members present except Supervisor Bear.

 

Workshop on Public Rights of Way Across Private Property

The Board met in a workshop with County Counsel to receive a presentation on the proposal to establish procedures and policies for the County enforcement of public rights of way across private property.  The Board, County Counsel, County Administrator and members of the audience including Stan Conger and Dan Totheroh discussed staff’s recommendations regarding the policies and procedures.  The Board and Staff revised the wording for the resolution in order to provide the broadest flexibility in addressing public-private right of way issues.  The Chairperson recessed the workshop at 11:50 a.m., to reconvene in open session, with all Board Members present, except Supervisor Bear. 

 

Resol. #2004-55/ Policies & Procedures re: Public Rights

County Counsel, Mr. Paul Bruce, reviewed the specific changes identified during the previous workshop regarding the proposed resolution setting forth the procedures and policies for the County’s enforcement of public rights of way across private property, which included the following:

·                                 The addition of “or protection” in the title;

·                                 The addition of “or otherwise protect…” in the first whereas, the third whereas, the now therefore paragraph and item no. 1;

·                                 The clerical correction to add the word “be” to item no. 1;

·                                 The addition of another bullet under item no. 2. to read “identification of what actions and efforts have been taken to allow public use of the right of way, and what were the results;

·                                 The addition of “or take other actions to protect” after enforce in item no. 4;

·                                 The addition of the word private in the first bullet of item no. 4;

·                                 The addition of “or protected” in the third bullet of no. 4;

·                                 The deletion of “and not merely a group of individuals” at the end of item no. 4;

·                                 The addition of “or protection in the fourth bullet of no. 4;  and

·                                 The addition of “or other County Staff and “or otherwise protect” in item no. 5.

On a motion by Supervisor Arcularious and a second by Supervisor Williams, Resolution No. 2004-55 was adopted, setting forth those procedures and policies for the County’s enforcement of public rights of way across private property, as amended;  motion unanimously passed and adopted, with Supervisor Bear absent.

 

HHS-Health Serv./Cert of No Supplanting Bioterrorism Funds

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Certification Against Supplanting of the 2004-05 Inyo County Bioterrorism Preparedness Grant Funds that certifies that the funds were not supplanted for Bioterrorism Preparedness expenditures, that reports concerning the funds are accurate and that the funds were placed in the trust fund and used only according to the County Bioterrorism Preparedness Plan and budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:10 p.m., to reconvene at 1:05 p.m., with all Board Members present. 

 

CAO-Personnel/ Ord. Rescinding 1-1-05 COLA for Elected Officials

The County Administrator explained that this as well as the next action are necessary to facilitate not implementing the January 1, 2005, 2% COLA for elected and appointed department heads.  Mr. Mendez presented the Board with corrected copies of the ordinance and the resolution being considered in the next item, explaining that the documents previously distributed had rounded the salaries to the nearest cent and the revised documents round to the nearest dollar.  The Board Members thanked the appointed and elected officials for their recognition of the fiscal problems facing the County and for their willingness to be proactive to help keep the vital programs and services maintained, by volunteering to not take this COLA.   The Board also took the opportunity to highlight that while they as a Board are excluded from this ordinance, in prior actions taken the first part of this year the Board of Supervisors returned both their January 1, 2004, 2% COLA as well as their January 1, 2005 2% COLA.  Moved by Supervisor Williams and seconded by Supervisor Dorame to waive the first reading of an ordinance, as amended, entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Section 2.88.040 of the Inyo County Code to Rescind the January 1, 2005 Salary Increase for Certain Elected Officials, Excluding Members of the Board of Supervisors;” and set November 2, 2004, at 10:05 a.m., in the Board of Supervisors Room at the County Administrative Center, in Independence as the date, time and place for the enactment.  Motion carried unanimously, with Supervisor Bear absent.

 

Resol. #2004-56/ Rescind 1-1-2005 COLA for Appointed Officials

On a motion by Supervisor Arcularius and a second by Supervisor Dorame, Resolution No. 2004-56, as amended and entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Rescinding Resolution No. 2003-50 and Modifying the Salary and/or Terms and Conditions of Employment for Appointed Officials Employed in the Several Offices or Institutions of the County of Inyo by Rescinding the January 1, 2005, Salary Increase for Appointed Officials,” was adopted: motion unanimously passed and adopted, with Supervisor Bear absent.

 

EMS/Enviroguide Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve Amendment No. 1 to the Contract between the County of Inyo and Enviroguide for the purpose of Awareness Training and Exercise Development extending the length of the Contract from October 31, 2004, to June 30, 2005; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously, with Supervisor Bear absent.

 

Auditor/Maximus Contract

The County Administrator explained that the Auditor had requested he relay to the Board that the request to ratify was based on the date of the Contract and that no charges have yet been incurred against this contract.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to ratify and approve the Contract between the County of Inyo and Maximus, Inc., for the preparation of the FY 2004-05 SB90 State Mandated Costs Claim, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $15,900; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Bear absent.

  

Auditor/PRM Contract

The County Administrator echoed his previous remarks in that the ratification of this contract is also based on the date and that no charges have yet been incurred against this contract.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify and approve the Contract between the County of Inyo and Public Resource Management Group (PRM) for the preparation of the FY 2004-05 Countywide Cost Plan for use in FY 2005-06, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $6,000; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Bear absent.

 

Water Dept. Org. Structure

The County Administrator and the Board reviewed the information provided regarding the Water Department organization structure, with the County Administrator explaining the time-line established for action regarding the structure.  He explained that action regarding this item was scheduled for the November 2, 2004, Board Meeting and that the information provided today was to give the Board another opportunity to make any further changes to the recommendations.  Supervisor Williams requested that the word vegetation be included in the Job Description for Water Director to better explain that both water and vegetation are monitored. 

 

BofS/TOT and TUT Fact Sheet The County Administrator reviewed the updated fact sheets on the proposed increases in the Transactions and Use Tax (TUT) and the Transient Occupancy Tax (TOT).  He highlighted that the TOT Fact Sheet has been amended to reflect the Board’s actions that should the TOT pass, the Board would reconsider the County’s fee schedule for campgrounds to ensure that the County’s rates coincide with any increase.  The County Administrator also informed the Board that the Fact Sheets would be placed on the County’s web page. 

 

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including constituent meetings, an RCRC legislative update, the Independence Candidate’s night, the Local Transportation Commission Meeting, a Mental Health Board Meeting wherein it was learned that the Mono County Residential Treatment facility is being closed and Inyo County’s clients will now have to be treated at the Carson/Tahoe facility, and a Northern Inyo Airport Advisory Board meeting.  Supervisor Hambleton informed the Board that he had been contacted by Mayor Hahn’s office and a meeting has been scheduled in Los Angeles with the Mayor, the County Administrator and himself, on November 8, 2004.  The County Administrator informed the Board that he had taken the opportunity to provide information to the landfill users regarding the TUT.  He said that as a result of a couple of phone calls regarding a perception that the County might be attempting to influence the outcome of the election, he had personally paid for the reproductions costs for the flyers and had immediately ceased having the information provided.  He explained that he wanted the Board to be aware of what had transpired and to know that he had instigated the information process with the best of intentions.  Supervisor Arcularius and the County Administrator updated the Board on Sierra Business Council (SBC) Meetings which they had attended regarding the airports, clarifying that while the SBC indicated that the original Inyo 2020 Forum cost the County $120,000, in actuality the actual cash outlay of County funds was only between $10,000 and $15,000.

 

Public Comment

At the conclusion of the Board Members and Staff Reports the Chairperson opened public comment to recognize two late arrivals to the meeting who wanted to address the Water Department organizational structure discussion.  Ms. Nicole Schober addressed the Board to stress the importance of leaving the Water Department as an autonomous department, to make recommendations on how to provide legal representation for the department and to suggest how the Board could notify the public of the good job the Board was doing.  Ms. Ellen Hardebeck asked if the November 2, 2004, item regarding the Water Department organizational structure could be a timed item.  The County Administrator informed the Board and the audience that the item would be scheduled for 10:05 a.m.

 

Closed Session

The Chairperson recessed open session at 2:05 p.m., to convene in closed session to discuss Agenda Items No. 19.  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. 20. PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title: Acting Water Department Director; and No. 20A. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Appointment - Title - Director of Environmental Health.

 

Report on Closed Session

The Chairperson recessed closed session at 5:25 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. 

 

Adjournment

The Chairperson adjourned the regular meeting at 5:25 p.m., to 9:00 a.m., November 2, 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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