The Board of Supervisors of the County of
Inyo, State of California, met in regular session at the hour of 9:15 a.m., on Tuesday,
February 10, 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 Hambleton provided the Invocation, and Supervisor Williams led
the Pledge of Allegiance.
Chairperson announced the public comment period.
Supervisor Williams commented on an Inyo Register Newspaper article
regarding County reorganizations and Measure A, in which Ms. Beverly Harry
was attributed with the comment that supporters of the Measure would not
bring their names forward for fear of retaliation. Supervisor Williams commented that he believes that the
free exchange of ideas and opinions is a fundamental element of a healthy
community, explaining that he is always open to any opinions or ideas, and
always open and available to discuss any issue, without fear of
Chairperson, Supervisor Hambleton, thanked Supervisor Williams for his
comments. He went on to
express his concerns that the remark regarding retaliatory action was
unfair and ridiculous, as well as unfounded.
He endorsed the entire Board of Supervisors by verifying that he
and the members of the Board of Supervisors he has had the pleasure of
serving with have made it a priority to always represent their
constituency with the greatest respect and the utmost regard for their
opinions and wishes on any issue, which is affecting them.
County Dept. Reports
Chairperson announced the County Department Report period. The County Administrator began by addressing the public
comment remarks made last week by Ms. Judy Fowler, regarding the Tobacco
Settlement proceeds. He
clarified that the County did not initiate the litigation to which Ms.
Fowler referred, saying the County is simply challenging the case that the
County has not honored Measure B. He
went on to say that since the voters of Inyo County directed that Tobacco
Settlement proceeds be given to the hospitals, over $891,000 has been
given to the hospitals, equating to over $445,000 to Northern Inyo
Hospital and $445,0000 to Southern Inyo Hospital.
went on to provide additional comments on the Inyo Register article
regarding the passage of Measure A on County reorganizations, explaining
that the figure of 62% of Inyo County voters for passage of the measure is
misleading. He corrected the
figures to explain that actually only 37% of the eligible voters voted for
the Measure and that meant that 63% of the eligible voters either did not
vote or voted against the Measure. He
encouraged the public to seek out the truth behind the information they
are receiving on this matter in order facilitate honest debate.
went on to read into the record a letter of thanks, from Phyllis Peters,
for the County’s transit program. Mr.
Mendez took the opportunity to commend the Transit Program employees for
the great job they do.
Jewett, Public Works Director, notified the Board of an emergency, which
had occurred at the Eastern Sierra Regional Airport in Bishop last week.
He explained that the primary power to the runway and for the taxi
lights had failed. He said
that through working with Southern California Edison, the power was
restored yesterday. He
informed the Board that his Staff, and most particularly, the Airport
Manager, Mr. Mike Barnes, had responded to the emergency immediately, that
Mr. Barnes moved his travel trailer to the airport and was available 24/7
to manually turn on the generators to provide power to the runway and taxi
lighting areas when it was required.
Mr. Jewett thanked the City of Bishop and the Bishop Volunteer Fire
Department for their assistance during the emergency, explaining that the
City and Fire Department had supplied the generator, which provided
electricity to the airport during the power outage. Mr. Jewett also informed the Board that he would be
bringing a Resolution for the Board’s approval regarding the declaration
of the emergency. Supervisor
Hambleton requested that Mr. Jewett convey the Board’s appreciation and
thanks to Mr. Barnes for going above and beyond the call of duty to keep
those using the airport safe.
Administrator informed the Board that the County, while not the
“point” on an emergency which occurred in Bishop, regarding finding a
suspicious unidentified white power at the post office facility in Bishop,
provided assistance to the City and the other responders per the
County’s Emergency Management Plan.
Mr. Mendez informed that Board a report would be provided to them
on the incident in the future and after the final debriefing on the
incident had occurred.
P.W./ ESR Airport Water Distribution Systems
Moved by Supervisor Arcularius and seconded by
Supervisor Bear to approve the plans and specifications for the Eastern
Sierra Regional Airport Water Distribution System Improvement Project and
authorize the Public Works Director to advertise for bids for the project.
P.W./Lone Pine Park Rehab Project
Moved by Supervisor Arcularius and seconded
by Supervisor Bear to approve the revised plans and specifications for the
Lone Pine Park Rehabilitation Project and authorize the Public Works
Director to advertise for bids for the project.
Motion carried unanimously.
HHS-Inyo First 5 Comm./Health Reach Contract
Moved by Supervisor Arcularius and seconded by
Supervisor Bear to approve the Contract between the County of Inyo and
HealthReach Associates, Inc., for the provision of consulting services,
for the period of February 10, 2004, through June 30, 2004, in an amount
not to exceed $4,800; and authorize the Chairperson to sign.
Reso. 2004-02/ Pa Ha & Tu Su Lane Project
Mr. Jewett, responded to a question from Supervisor
Williams regarding road striping. Mr.
Jewett explained that the current policy is to stripe only those roads,
which have been striped. He
confirmed that there is no mandate to stripe roads and that one of the
overriding issues with adding roads is the cost of continued maintenance
and upkeep. Mr. Jewett
provided costs estimates for striping, explaining that usual contract cost
is about 20¢ a foot. Supervisor Arcularius expressed her concern with adding
roads to the striping list, before the currently striped roads are
maintained because this is an on-going concern in parts of her District.
On a motion by Supervisor Williams and a second by Supervisor
Dorame, Resolution No. 2004-02 was adopted, accepting the improvements and
authorizing the recording of the Notice of Completion for the Pa Ha and Tu
Su Lane Resurfacing Project: motion unanimously passed and adopted.
Treasurer/Tax Default Auction
Mr. John Treacy, Treasurer-Tax Collector,
provided additional information and further clarification on the sale of
tax-defaulted parcels through public auction. Mr. Treacy disclosed that one of the parcels, which is to
be auctioned, resulted from an illegal lot split and that, due to easement
requirements, the lot is deficient. He explained that while the premise of
the auction is “buyer be ware,” it is the recommendation of Counsel
that this disclosure be made prior to the auction.
Mr. Treacy and the Board discussed the parcel in detail and at
length, with Mr. Treacy, the County Administrator and County Counsel
providing information on how the lot may be auctioned, and the remedies
and processes available to the purchaser to develop the parcel should that
be their desire. Moved by
Supervisor Dorame and seconded by Supervisor Williams to authorize the
selling, at public auction, the tax-defaulted parcels that are subject to
the Tax Collector’s Power of Sale as recommended by Staff and identified
in the Attachment to the Staff Report, in accordance with Chapter 7 of
Part 6 of Division 1 of the California Revenue and Taxation Code; and in
the event that any parcel does not sell, authorize re-offering the parcel
at a reduced minimum price. Motion
The Chairperson recessed the regular meeting at
10:25 a.m., reconvening at 10:40 p.m., with all Board Members present.
P.W.-Town Water Systems/Water Systems Transfer Agreement
Jewett, Public Works Director, provided additional information and further
clarification on the transfer agreement with the City of Los Angeles
Department of Water and Power (LADWP), transferring the Lone Pine,
Independence and Laws Town Water Systems to the County per the Long Term
Water Agreement. Mr. Jewett
explained that there is language in the agreements, which, reflect
LADWP’s willingness to work with any CSD wishing to acquire the Systems
in the future and will provide the same services to the CSD’s as that
which is provided to the County through these Agreements.
When questioned about the specifics of the agreements, it was
determined that copies had not been included in the Agenda Packets and the
Board requested that this
item be continued to next week. Prior
to closing the discussion on this item, the Chairperson recognized Ms.
Nancy Masters, Independence resident, who thanked the Board for continuing
the item and identifying why she disagreed with the County’s CEQA
findings that the transfer of the Waters Systems is exempt from CEQA.
directed that item “No. 7. PUBLIC
WORKS - Town Water Systems - Request your Board A) find that the transfer of
ownership of the Laws, Independence and Lone Pine Water Systems from the
City of Los Angeles Department of Water and Power (LADWP) to Inyo County
(pursuant to the terms of Section XI of the Long-Term Water Agreement) is
exempt from the provisions of the California Environmental Quality Act (CEQA);
B) authorize the filing of the Notice of Exemption with the Inyo County
Recorders Office; and approve the three Transfer Agreements between LADWP
and Inyo County transferring the Laws, Independence, and Lone Pine Water
Distribution Systems to Inyo County and authorize the Chairperson to
sign,” be continued and agendized for further discussion on the February
17, 2004, Agenda.
E. Health/DWP Drilling Permits Domestic Replacement Wells
The County Administrator responded to questions
from the Board regarding the well-drilling permit applications from LADWP.
He explained the absence of the Interim Environmental Health
Director, Mr. Dave Oldenberg, who was ill.
The Board, the County Administrator and County Counsel discussed
the following with regard to the permits:
(a) that these were replacement domestic wells; (b) that they are
being permitted for 8 inch casings; and (c) that the work is scheduled to
be finished at the end of February. The
Board and Staff went on to discuss the existing Board policy, which
requires the Environmental Health Department to bring all LADWP well
permit applications to the Board for approval and the Department’s
recommendation to ease the policy by omitting applications for small
diameter wells. The Board and
Staff had a lengthy discussion regarding the criteria for designating
small diameter wells as 8 inches or less, how domestic wells are
identified and what size of casing is used, as well as has how this policy
and the Inyo County Code regarding well permitting is applied to LADWP and
the private land owners who may have domestic well issues.
The Board discussed the possibility of continuing the discussion on
the policy portion of the recommendation, but through ensuing discussions
a motion was made by Supervisor Arcularius and seconded by Supervisor
Bear, was withdrawn, and subsequently restated.
Moved by Supervisor Arcularius and seconded by
Supervisor Bear to A) approve three well-drilling permit applications from
the Los Angeles Department of Water and Power for wells at the Cottonwood,
Control Gorge, and Big Pine Power Plants; and B) modify the existing
policy to continue the policy that Environmental Health submit LADWP well
drilling permit applications for larger diameter wells to the Board of
Supervisors for review and approval, but no longer require the Board to
review and approve those well-drilling permits which are submitted by
LADWP which are for the replacement of domestic smaller diameter wells
(i.e. eight inches in diameter or less).
Chairperson recessed open session at 11:50 a.m., to convene in closed
session, with all Board Members present to discuss Agenda Item No. 13.
PENDING LITIGATION - Conference with Legal Counsel (Existing
Litigation) Pursuant to Government Code Section 54956.9(a) - Jaxon
v. County of Inyo, Inyo County Superior Court Case No. 24260.
The Chairperson recessed closed session at 1:35 p.m., to reconvene
in open session with all Board Members present.
CAO-Budget/ FY 2004-05
The County Administrator reviewed the
recommendations regarding 1st tier budget adjustments.
The Board and Staff discussed the recommendations in detail and at
length. The County
Administrator stressed that in light of the on-going State Budget crisis
and reduced revenues it is “not business as usual.”
He suggested that the Board might want to consider rescinding the
recent 2% COLA adjustment
that was given to the Board of Supervisors and other elected and appointed
department heads to convey that message.
The individual Board Members each expressed their concurrence with
the suggestion and their desire to rescind the Board’s COLA adjustment.
The Board directed Staff to begin the ordinance process to rescind
the 2% COLA adjustment for the Board of Supervisors. The Board and staff
went on to discuss the other adjustments recommended including discussions
on the following: the need to
increase fees, with Supervisor Arcularius asking that the Board be given
information regarding all fees at one time; mandated and unmandated
programs; the airport subsidies; increasing insurance and benefit costs;
combination of programs and job sharing capabilities for economies of
scale; County reserves; and geothermal royalties.
At the conclusion of the discussion the Board indicated that they
would provide direction regarding initial base adjustments (1st
tier) after their discussions regarding 2nd tier adjustments.
Moved by Supervisor Dorame and seconded by
Supervisor Williams to approve the minutes of the January 20, 2004, Board
of Supervisors Meeting, correcting 1:05 a.m., to 1:05 p.m., on the last
paragraph of the second page . Motion carried unanimously.
Integ. Waste/ Workshop on
Evaluation Monitoring Plan
The Chairperson recessed the regular meeting at
3:00 p.m., reconvening at 3:10 p.m., in a workshop, with all Board Members
present to discuss with the Integrated Waste Management’s consultants
and staff the Bishop-Sunland Landfill Evaluation Monitoring Plan. The Chairperson recessed the workshop at 3:45 p.m., to
reconvene in open session to receive a report on closed session.
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.
The Chairperson adjourned the regular meeting
at 3:45 p.m., to 9:00 a.m., February 17, 2004, in the Board of Supervisors
Room, at the County Administrative Center, in Independence.
Inyo County Board of Supervisors
Clerk of the Board