County of Inyo

Public Comment

The Chairperson announced the public comment period and there was no one from the public wishing to address the Board.

County Dept. Reports

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

CAO-Treasurer/ Coso Geothermal Jurisdiction

The County Administrator brought the Board up to date on the County’s participation thus far and the status of efforts to change the jurisdictional authority for the Coso Geothermal operations.  Mr. Mendez provided the Board with a recommendation for the County’s position, explaining that his recommendation “tweaks” Kern County’s proposal, stressing the County of Inyo’s desire to protect local revenues derived from the operations, regardless of which entity ultimately ends up with jurisdictional control.  He informed the Board that Inyo County has been invited to attend a meeting with Congressman Gibbons, the author of the legislation proposing the change from the military to the BLM, explaining that he and the Chairperson would be attending in order to convey the County’s concerns and to protect the County’s interests.  Mr. Mendez also indicated that in addition to the position paper, he had presented a draft resolution on the issue, should the Board desire to put the County’s position in the resolution format.  Mr. Mendez recommended caution in proceeding with a resolution, explaining that NACo has informed him that the June 10, 2003, deadline for submittal of position requests was in order to secure a spot and a final version could be submitted much later in the process.  Mr. Mendez asked the Board to submit the position paper to NACo and direct staff to continue their efforts to work with the parties to ensure protection of the County’s revenue resource.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to with regard to the proposal to change jurisdictional authority for the Coso Operations from the Military to the BLM, direct Staff to (a) submit the County’s position paper to NACo as recommended by Staff, (b) continue to revise the language for final submission, and (c) work towards an amicable and beneficial solution for the County on the issue.  Motion carried unanimously.

Integ. Waste/ Bishop Waste Contract Transfer of Waste from Darwin

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Bishop Waste Disposal for the transfer of solid waste from the Community of Darwin to the Lone Pine Landfill, for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $8,865, contingent upon the Board’s adoption of a FY 2003/04 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

CAO-Personnel/ Casey & Assoc. Contract Amend.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve Amendment No. 1 to the Contract between the County of Inyo and Casey and Associates, extending the ending contract date from June 30, 2003, to December 31, 2003; and authorize the Chairperson to sign.   Motion carried unanimously.

H&H-Behavioral Hlth./K. Andersen Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Keith Andersen, Ph.D., for provision of mental health services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Behavioral Hlth./Crestwood Behavioral Hlth.Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Crestwood Behavioral Health, Inc., for residential placement for adults in a locked facility for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $65,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Behavioral Hlth./N. Dogris Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Nicholas J. Dogris, Ph.D., for the provision of mental health services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-CalWorks/ Office of Ed - Learning Disability Services Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and the County Superintendent of Schools for CalWORKS Learning Disability Services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-CalWorks-Gen. Relief/ IMACA Client Services Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Inyo Mono Associates for Community Action, Inc., for client services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $24,000, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-CalWorks/ IMACA Client Services Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve Amendment No. 1 to the Contract between the County of Inyo and Inyo Mono Advocates for Community Action, Inc., for client services, increasing the Contract amount by $6,000, to a total not to exceed $42,000, for the period of July 1, 2002, through June 30, 2003; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-Hlth. Serv./ Dr. Richardson Contract Health Officer Services

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and James Richardson, M.D., for Health Officer services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $97,585, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-EMS/ Facility Use Agreements w/ Red Cross

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Facility Use Agreements between the County of Inyo and the American Red Cross for use of the following Inyo County facilities as evacuation shelters during a declared emergency or disaster: 1) Tecopa Community Center in Tecopa; 2) Independence Legion Hall in Independence; 3) Statham Hall in Lone Pine; and 4) Big Pine Town Hall in Big Pine; and authorize the Chairperson to sign.  Motion carried unanimously.

H&H-EMS/MOU w/Salvation Army

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Memorandum of Understanding between the County of Inyo and the Salvation Army to serve as broad guidelines to assist in the coordination of activities, trainings, facilities and volunteers in disaster relief and emergency response efforts; and authorize the Chairperson to sign.  Motion carried unanimously.

Resol. #2003-27/ AIP Matching Funds

On a motion by Supervisor Arcularius and a second by Supervisor Bear, Resolution No. 2003-27 was adopted, authorizing filing an application for a State AIP Matching grant, accepting the allocation of State AIP Matching funds, and authorizing the Public Works Director to sign the AIP Matching Grant Agreement and any other documents required to apply and accept these funds: motion unanimously passed and adopted.

Rd. Dept./DBEP Goal Information

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Annual Overall Goal Information for Federal Fiscal Year 2002/2003 for the Inyo County Disadvantaged Business Enterprise Program.  Motion carried unanimously.

VSO/Subvention & Compliance Certificates

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Subvention and Medi-Cal Certificates of Compliance for FY 2003/04 and authorize the Chairperson to sign.  Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 8:55 p.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 32.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title - Director of Planning.  The Chairperson recessed closed session at 10:15 a.m., reconvening in open session at 10:20 a.m., with all Board Members present.

Planning Dept./ General Plan Amendment #2003-02

The Acting Planning Director reviewed the Staff recommendation concerning the actions required in the consideration of General Plan Amendment #2003-02.  Additionally, Ms. Clark requested that at the conclusion of the public hearings on the following General Plan Amendment Items, the Board continue the public hearings and any actions to tomorrow at 9:00 a.m., in the Board of Supervisors Room, at the County Administrative Center, in Independence, to facilitate additional public input. 

Planning/GeneralPlan Amendment & Zone Reclassification #2002-1/Stanton

The Chairperson opened the public hearing at 10:28 a.m., to consider General Plan Amendment/Stanton and Zone Reclassification No. 2002-1/Stanton, which is (a) a proposed General Plan Amendment for a property in Lone Pine, which would change the General Plan designation of the property from “Central Business District” to “Residential Medium Density;” and (b) on a proposed ordinance that would change the zoning from C-3-7,500-D (Administrative and Professional Offices - 7,500 Square Feet Minimum - Architectural Design Control) to RMH-5,800 (Single Residence or Mobilehome Combined - 5,800 Square Feet Minimum) to allow the construction of a single family dwelling.  Ms. Adena Fansler, Planning Department, reviewed the Staff Report and recommendations.  At the conclusion of her comments, Ms. Fansler requested that the Staff Report be entered into the record and it was marked Exhibit A.  There being no one from the public wishing to address this issue, the Chairperson, at 10:31 a.m., recessed and continued the public hearing and the associated action requesting the Board to approve the Stanton General Plan Amendment and Zone Reclassification; waive the first reading of an ordinance approving Zone Reclassification No. 2002-1/Stanton; and schedule enactment of the ordinance for 10:05 a.m., on June 17, 2003, to 9:00 a.m., June 11, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence. 

Planning/Geris-Sample - General Plan Amendment Zone Reclassifi-cation #2002-03  Tract Map No. 238 - Conditional Use Permit

#2002-04

The Chairperson opened the public hearing at 10:32 a.m., to consider General Plan Amendment/Geris-Sample, Zone Reclassification No. 2002-03/Geris-Sample, Tentative Tract Map No. 238/Geris-Sample, and Conditional Use Permit No. 2002-04/Geris-Sample, which are associated with (a) a proposed General Plan Amendment for properties located on the northeast corner of North Barlow Lane and U.S. Highway 395, which would change the General Plan designation on two contiguous parcels totaling 1.98 acres from “Retail Commercial” to “Residential Medium High Density;” and (b) on a proposed ordinance that would change the zoning on the 1.47-acre parcel from C-2-10,000-PP (Highway Services and Tourist Commercial, 10,000 square feet minimum, Precise Plan Overlay) and change the contiguous 0.51-acre parcel from C-1-10,000 (General Commercial and Retail, 10,000 square feet minimum) to R-3-2.0 (Multiple Residential - 2.0-acre minimum), in order to construct 22, two-story “patio” homes.  Ms. Jan Larsen, Planning Department reviewed the Staff Report and recommendations.  At the conclusion of her remarks, Ms. Larsen requested that the Staff Report be entered into the record and it was marked Exhibit A. The Applicant, Mr. Geris, addressed the Board to support the project and respond to questions from the Board regarding the CC&R’s, the height of the exterior fencing, fencing material to be used, maintenance responsibility for the fencing, the fate of existing landscaping, construction phase timelines, truck noise from adjoining property, parking, common area responsibility and ingress and egress routes.  There being no one else from the public wishing to address this issue, the Chairperson, at 11:04 a.m., recessed and continued the public hearing and the associated action requesting the Board to approve the Geris-Sample General Plan Amendment, Zone Reclassification, Tract Map and Conditional Use Permit; waive the first reading of an ordinance approving Zone Reclassification No. 2002-3/Geris-Sample; and schedule enactment of the ordinance for 10:05 a.m., on June 17, 2003, to 9:00 a.m., June 11, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence. 

Planning/General Plan Amendment & Zone Reclassification #2003-02/Kuznitz

The Chairperson opened the public hearing at 11:05 a.m., to consider General Plan Amendment/Kuznitz and Zone Reclassification No. 2003-02/Kuznitz, which is (a) a proposed General Plan Amendment for a 1.20 acre Parcel located at 250 Mill Creek Road approximately 10 miles northwest of Bishop, which would change the General Plan designation of the property from “Retail Commercial” to “Heavy Commercial;” and (b) a proposed Ordinance that would change the zoning from C-2-1.0 (Highway Services and Tourist Commercial - 1.0 acre minimum) to C-4-1.0-PP (Heavy Commercial - 1.0 acre minimum - Precise Plan Overlay), to allow for the construction of a cabinetry shop to house DK Woodworks, which is a small custom cabinetry business. 

Mr. Courtney Smith, Planning Department, reviewed the Staff Report and recommendations.  At the conclusion of his remarks, Mr. Smith requested that the Map attached to the Staff Report, the legal description of the property contained in the Staff Report and the Staff Report be entered into the record and they were marked Exhibit A, B, and C respectively.  Ms. Pat Clement, a surrounding property owner, addressed concerns with 24/7 operations, devaluation of property and the ability for larger industrial and manufacturing operations to move into the area, if the property is rezoned to “Heavy Commercial.”  Roger Derryberry, a surrounding property owner, addressed concerns with equipment noise, tone levels of the equipment noise, as well as possible CEQA noncompliance.  Mr. Derryberry requested that his letter of June 9, 2003, and May 27, 2002, to the Inyo County Board of Supervisors be entered into the record and they were marked Exhibit D and E respectively.  At the request of the Board, Staff reviewed the “precise plan” designation and the allowed uses of the property under the current C-2 zoning which includes:

·                                 Store for the sale at retail of books, confectionery, dairy products, drugs, flowers             food, gifts, stationery, toys or variety household goods, excluding secondhand             stores;

·                                 Barbershop, beauty parlor;

·                                 Tailor, dressmaking or shoe repair shop;

·                                 Office, bank, rental agency;

·                                 Laundry, or dry-cleaning pick-up agency, self-service automatic laundry;

·                                 Eating establishment, including liquor;

·                                 Commercial recreation facility;

·                                 Social, cultural, religious or philanthropic institution;

·                                 Liquor stores;

·                                 Motel, motor hotel;

·                                 Automobile service station, including facilities for general repair or mechanical             washing;

·                                 Parking lot as determined by the planning department; and

·                                 Sale at retail of new or used automotive vehicles, recreational vehicles or boats.

Mr. Steve Oglesby, a surrounding property owner, addressed the Board to express his concern with the loss of the rural community atmosphere in the area should this designation be allowed, and opposed the project saying he did not feel it fit in with the existing community.  The Applicant, Mr. David Kuznitz, addressed the Board to support the project.  He provided a brief overview of the operations and clarification on the type of operations he is proposing.  He explained that his is a very high end, top-quality, artisan oriented, custom fabrication operation, utilizing state-of-the art equipment and technology, and employing highly skilled craftsmen, at top wages.  He provided the Board with insight into his vision for the operations and the property.  There being no one else from the public wishing to address this issue, the Chairperson, at 12:15 p.m., recessed and continued the public hearing and the associated action requesting the Board to approve the Kuznitz General Plan Amendment and Zone Reclassification; waive the first reading of the Ordinance approving Zone Reclassification No. 2003-2/Kuznitz; and schedule enactment of the ordinance for 10:05 a.m., June 17, 2003, to 9:00 a.m., June 11, 2003, in the Board of Supervisors Room, at the County Administrative Center in Independence.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., reconvening at 1:40 p.m., with all Board Members present.

Planning/Black Genera Plan Amendment,

Zone Reclassification #2001-02, Conditional Use Permit #2002-12 and Variance #2002-06

The Chairperson opened the public hearing at 1:40 p.m., to consider General Plan Amendment/Black, Zone Reclassification No. 2001-02/Black, Conditional Use Permit No. 2002-12/Black, and Variance No. 2002-06/Black, which is (a) a proposed Ordinance and Resolution approving a General Plan Amendment for a property in Wilkerson, which would change the General Plan designation of the property from “Residential Very Low Density” to “Retail Commercial;” and (b) on a proposed ordinance that would change the zoning from R-2-1.0 (Multiple Residential, 1.0-acre minimum) to C-2 (Highway Services and Tourist Commercial), to allow the construction of mini storage units on the subject property.  Ms. Jan Larsen, Planning Department, reviewed the Staff Report and recommendations.  At the conclusion of her remarks Ms. Larsen asked that the Staff Report be entered into the record and it was marked Exhibit A.  The Assistant Clerk read into the record a letter dated April 22, 2003, from the Applicant, Mr. Kenneth Black, and at the conclusion of reading the letter, the letter and the attachments were  entered into the record and marked Exhibit B.  Mr. John Langford, the Applicant’s Engineer, addressed the Board to provide additional support for the project and to request that the Board not take Staff’s recommendation and instead approve the Variance which would allow for the encroachment into the 25’ yard setback. 

Mr. Langford additionally made a request that the condition of approval for the Conditional Use Permit requiring that the duplex be converted to office space and living facility for a caretaker be removed, thus allowing the existing duplex to remain.  Staff, Mr. Langford and the Board discussed in detail and at length the Applicants request for a Variance and the removal of the Condition.  At the end of the discussion, County Counsel and the Acting Planning Director reiterated Staff’s recommendations, explaining that by removing the Condition the Board would be creating a non-conforming use, which they cannot legally do because they would be violating their own zoning laws.  Mr. Bruce and Ms. Clark went on to explain that by granting a Variance for a self-imposed hardship, the Board would set a precedent whereby it would be virtually impossible to deny any future Variance from circumstances created by a self-imposed hardship.  Ms. Clark, the Acting Planning Director, also explained that as a result of a “tower permit” for the property being withdrawn additional opportunities for the development of the subject property had opened up, indicating that Staff would continue to work with the Applicant to assist him in further project development.  There being no one else from the public wishing to address this issue, the Chairperson, at 3:00 p.m., continued the public hearing and the associated actions requesting the Board to approve the Black General Plan Amendment, Zone Reclassification, and Conditional Use Permit; and deny Variance No. 2002-06/Black; waive the first reading of the ordinance approving Zone Reclassification No. 2001-02/Black; and schedule the enactment for 10:05 a.m., June 17, 2003, to 9:00 a.m., June 11, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

Planning/General Plan Amendment

The Chairperson continued the request for the Board to (a) consider Inyo County General Plan Amendment #2003-02 which includes amendments to the Land Use Element of the General Plan for the Stanton, Geris-Sample, Kuznitz, and Black projects and (b) at the conclusion of the public hearings adopt a resolution approving Inyo County General Plan Amendment #2003-02, which will reflect your Board’s actions concerning each project, to 9:00 a.m., June 11, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence, and directed the Assistant Clerk of the Board to post the appropriate notices for a continued meeting.

H&H-AODS/ Functional Family Therapy Contract

Ms. Jean Dickinson, Assistant Director of Health & Human Services, responded to questions from the Board regarding restrictions contained in the scope-of-work for the Contract with Functional Family Therapy.  Ms. Dickinson concurred with concerns regarding the limitations of utilizing the training ciriculum and materials received through the contract after the contract has ended.  She explained how she would envision that the training could be utilized to assist future employees without violating the contractual requirements, through the sharing of knowledge and a variety of skill sets that have been achieved throughout the course of a person’s career rather than specific information gleaned through a certain training program.  Supervisor Bear provided additional insight into her past dealings with this type of a contract clause concerning proprietary materials.  Supervisor Dorame indicated that he had serious concerns with the restrictiveness of the scope-of-work and the Department’s ability to comply with the restrictions once the Contract has ended.  Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Functional Family Therapy, LLC, for the provision of training and consultation services for a three year period beginning June 10, 2003, and ending June 30, 2006, in an amount not to exceed $55,500, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Bear, Williams and Hambleton voting yes, and with Supervisor Dorame voting no.

H&H-IHSS/ Employer of Record Contract

Dr. Holgate, Director of Health and Human Services, provided additional information concerning the IHSS Employer of Record Contract and responded to questions regarding contract management.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Community Services Solutions for Employer of Record services for the period of July 1, 2003, through June 30, 2004, in an amount not to exceed $94,647, contingent upon the Board’s adoption of a FY 2003/2004 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Senior Program/ Home Delivery Meals Packaging Agreement

Mr. Charles Broten, Inyo-Mono Senior Program Director, provided additional information and further justification for the recommendation regarding the Home Delivered Meals Packaging Agreement.  He clarified that the term “Application for Credit” was a misnomer in that the County is not applying for credit, but actually agreeing to purchase the supplies while the equipment is provided at no cost.  Mr. Broten clarified that the County is responsible for replacement of any equipment, which is damaged by the County. 

Moved by Supervisor Arcularius and seconded by Supervisor Bear to  approve the “Application for Credit, the Uniform Sales & Use Tax Certificate, and the Home Delivered Meals Packaging Agreement” with Oliver Products Company for the provision of meal packaging equipment and supplies in an amount not to exceed $27,000 annually; and authorize the Chairperson to sign.  Motion carried unanimously.

Transit Program/ Expanded CREST Service into Reno

Ms. Monika Watterson, Inyo Mono Transit Program Director, provided additional information and further justification for the request to enter into an Agreement with the County of Washoe, Nevada to allow the CREST bus route to conduct ground transportation activities at the Reno Airport.  She explained that the County of Washoe had suspended inter-city bus service between Carson City and Reno and as a result northbound Inyo Mono Transit customers need transportation from Carson City to Reno.  Ms. Watterson went on to say that by expanding the CREST Route into the Reno area a portion of the door-to-door services currently provided in the Carson City area to the CREST riders would be suspended and indicated that those riders could utilize the Carson City dial-a-ride services.  She also indicated that she was exploring the possibility of picking up Nevada passengers to supplement ridership on the Carson City to Reno leg of the CREST Route.  The Board and Staff discussed the fate of the CREST Route when the grant funding was no longer available, with Ms. Watterson indicating to the Board that she is exploring alternative opportunities for funding.  Moved by Supervisor Hambleton and seconded by Supervisor Arcularius to A) approve the application for a Commercial Ground Transportation Permit between the Washoe County Airport Authority and Inyo Mono Transit, allowing the CREST bus route to transact ground transportation business in the Reno Airport; B) approve the Agreement between the County of Inyo and Washoe County Airport Authority for ground transportation services; and C) authorize the Director of the Transit Program to submit the application and sign the Agreement on behalf of the County of Inyo.  Motion carried unanimously.

Resol. #2003-28/ FTA Grant Funds for CREST Route

The Board and Staff continued the previous discussion concerning funding for the CREST Route, with Supervisor Arcularius mentioning that the prioritization of TEA funding for CREST Route services would need to be looked at in conjunction with other County projects which have also been earmarked for TEA funding.  On a motion by Supervisor Bear and a second by Supervisor Williams Resolution No. 2003-28 was adopted approving the 2003 Federal Transportation Administration 5311(f) Grant for funds totaling $203,405 to operate year three of the inter-regional bus service between Reno, Nevada and Ridgecrest, California, along the Highway 395 corridor (CREST Route); and authorize the Director of the Transit Program to sign necessary and related documents: motion unanimously passed and adopted.

Resol. #2003-29/ LEA Grant Application

On a motion by Supervisor Bear and a second by Supervisor Williams, Resolution No. 2003-29 was adopted, authorizing the submittal of the LEA Grant Application EA14, for funding in an estimated amount of $17,600 to the California Integrated Waste Management Board and authorize the Director of Environmental Health Services to sign all necessary documents for securing the grant funds: motion unanimously passed and adopted.

H&H-Children & Families Comm./ School Rediness

Moved by Supervisor Bear and seconded by Supervisor Williams to approve, in concept, the School Readiness Initiative Project and the associated Request for Funds to be submitted to the California Children and Families Commission on June 15, 2003.  Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve the minutes of the June 2, 2003, Special Board of Supervisors Meeting.  Motion carried unanimously.

Moved by Supervisor Hambleton and seconded by Supervisor Williams to approve the minutes of the June 3, 2003, Board of Supervisors Meeting.  Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 4:55 p.m., to reconvene in closed session, with all Board Members present, to discuss Agenda Items No. 31.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Northern Inyo County Local Hospital District and Southern Inyo Healthcare District v. County of Inyo, et al., Inyo County Superior Court Case No. SICVPT 03-33417; No. 33.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment - Title - Probation Officer; No. 34.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits -

Employee Organization - ICEA - Negotiators - County Administrator and Personnel Analyst; No. 35. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Elective Officials Assistant Association (EOAA) - Negotiators - County Administrator and Personnel Analyst; No.  36.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation - Title - Director of Health & Human Services; and No. 37.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Title Director of Health and Human Services – Negotiator – Member of Board of Supervisors as designated

Report on Closed Session

The Chairperson recessed closed session at 7:10 p.m., to reconvene in open session to receive a report on closed session.  County Counsel reported with regard to Agenda Item No. 31.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Northern Inyo County Local Hospital District and Southern Inyo Healthcare District v. County of Inyo, et al., Inyo County Superior Court Case No. SICVPT 03-33417, the Board, in a unanimous vote, with Supervisors Arcularius, Bear, Williams, Hambleton and Dorame voting yes, has directed the Office of County Counsel to defend the County and the Board of Supervisors in this matter.  Additionally, in a series of 4-1 absent votes, the Board of Supervisors authorized and directed the Office of County Counsel to defend, and the County to indemnify, each of the members of the Board of Supervisors in this matter.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 7:10 p.m., and continued the regular meeting to 9:00 a.m., Wednesday, July 11, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  The Chairperson reconvened the regular meeting at 9:00 a.m., on Wednesday, July 11, 2003, with all Board Members present and immediately recessed open session.  The Chairperson reconvened in open session at 10:15 a.m., with all Board Members present.

Planning/GeneralPlan Amendment and Zone Reclassification

#2002-1/Stanton

The Chairperson reopened and continued the public hearing at 10:15 a.m., to consider General Plan Amendment/Stanton and Zone Reclassification No. 2002-1/Stanton, which is (a) a proposed General Plan Amendment for a property in Lone Pine, which would change the General Plan designation of the property from “Central Business District” to “Residential Medium Density;”  and (b) on a proposed ordinance that would change the zoning from C-3-7,500-D (Administrative and Professional Offices - 7,500 Square Feet Minimum - Architectural Design Control) to RMH-5,800 (Single Residence or Mobilehome Combined - 5,800 Square Feet Minimum) to allow the construction of a single family dwelling.  Ms. Andrea Clark, Acting Planning Director, reviewed the information provided during the June 10, 2003, portion of the public hearing on this item.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:16 a.m. 

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the Stanton General Plan Amendment and Zone Reclassification; waive the first reading of an ordinance approving Zone Reclassification No. 2002-1/Stanton; and schedule enactment of the ordinance for 10:05 a.m., on June 17, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Planning/Geris-Sample - General Plant Amendment,  Zone Reclassification #2002-03, Tract Map No. 238, Conditional Use Permit #2002-04

The Chairperson reopened and continued the public hearing at 10:17 a.m., to consider General Plan Amendment/Geris-Sample, Zone Reclassification No. 2002-03/Geris-Sample, Tentative Tract Map No. 238/Geris-Sample, and Conditional Use Permit No. 2002-04/Geris-Sample, which are associated with (a) a proposed General Plan Amendment for properties located on the northeast corner of North Barlow Lane and U.S. Highway 395, which would change the General Plan designation on two contiguous parcels totaling 1.98 acres from “Retail Commercial” to “Residential Medium High Density;” and (b) on a proposed ordinance that would change the zoning on the 1.47-acre parcel from C-2-10,000-PP (Highway Services and Tourist Commercial, 10,000 square feet minimum, Precise Plan Overlay) and change the contiguous 0.51-acre parcel from C-1, 10,000 (General Commercial and Retail, 10,000 square feet minimum) to R-3-2.0 (Multiple Residential - 2.0-acre minimum), in order to construct 22, two-story “patio” homes.  Ms. Andrea Clark, Acting Planning Director, reviewed the information provided during the June 10, 2003, portion of the public hearing.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:20 a.m.   Supervisor Arcularius congratulated the Applicants on the successful conclusion for the approval of this project.

Moved by Supervisor Arcularius and seconded by Supervisor Hambleton to approve the Geris-Sample General Plan Amendment, Zone Reclassification, Tract Map and Conditional Use Permit; waive the first reading of an ordinance approving Zone Reclassification No. 2002-3/Geris-Sample; and schedule enactment of the ordinance for 10:05 a.m., on June 17, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Planning/General Plan Amendment and Zone Reclassification #2003-02/Kuznitz

The Chairperson reopened and continued the public hearing at 10:20 a.m., to consider General Plan Amendment/Kuznitz and Zone Reclassification No. 2003-02/Kuznitz, which is (a) a proposed General Plan Amendment for a 1.20 acre Parcel located at 250 Mill Creek Road approximately 10 miles northwest of Bishop, which would change the General Plan designation of the property from “Retail Commercial” to “Heavy Commercial;” and (b) a proposed Ordinance that would change the zoning from C-2-1.0 (Highway Services and Tourist Commercial - 1.0 acre minimum) to C-4-1.0-PP (Heavy Commercial - 1.0 acre minimum - Precise Plan Overlay), to allow for the construction of a cabinetry shop to house DK Woodworks, which is a small custom cabinetry business.  Ms. Andrea Clark, Acting Planning Director, reviewed the information provided during the June 10, 2003, portion of the hearing.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:22 a.m.  Supervisor Arcularius thanked the surrounding property owners for their willingness to work through this issue to reach an acceptable resolution and asked Staff to convey her thanks to those residents. 

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Kuznitz General Plan Amendment and Zone Reclassification; waive the first reading of the Ordinance approving Zone Reclassification No. 2003-2/Kuznitz; and schedule enactment of the ordinance for 10:05 a.m., June 17, 2003, in the Board of Supervisors Room, at the County Administrative Center in Independence.  Motion carried unanimously.

Planning/Black General Plan Amendment, Zone Reclassification #2001-02, Conditional Use Permit #2002-12 and Variance #2002-06

The Chairperson reopened and continued the public hearing at 10:25 a.m., to consider General Plan Amendment/Black, Zone Reclassification No. 2001-02/Black, Conditional Use Permit No. 2002-12/Black, and Variance No. 2002-06/Black, which is (a) a proposed Ordinance and Resolution approving a General Plan Amendment for a property in Wilkerson, which would change the General Plan designation of the property from “Residential Very Low Density” to “Retail Commercial;” and (b) on a proposed ordinance that would change the zoning from R-2-1.0 (Multiple Residential, 1.0-acre minimum) to C-2 (Highway Services and Tourist Commercial), to allow the construction of mini storage units on the subject property.  Ms. Andrea Clark, Acting Planning Director, reviewed the information provided during the June 10, 2003, portion of the public hearing, reiterating Staff’s Recommendations and confirming Staff’s position regarding the 25’ setback and the Condition requiring that the existing duplex be converted to an office and a caretaker’s residence.  Mr. Langford, the Applicant’s Engineer, reiterated Mr. Black’s request to have the Variance from the 25’ yard setback approved and the Condition on the duplex removed.  The Board, the Applicant’s representative, and Staff continued to discuss the project.  The Chairperson called for additional comment and there was no one else from the public wishing to address this issue.  The Chairperson closed the public hearing at 11:47 a.m.  Supervisor Hambleton congratulated the Applicant on the success of this project application, explaining that while Mr. Black’s application had been approved exactly the way he had requested, this approval did allow the property to be developed a beneficial manner, which allows the Applicant’s storage units to be built. 

Moved by Supervisor Hambleton and seconded by Supervisor Bear to approve the Black General Plan Amendment, Zone Reclassification, and Conditional Use Permit; and deny Variance No. 2002-06/Black; waive the first reading of the ordinance approving Zone Reclassification No. 2001-02/Black; and schedule the enactment for 10:05 a.m., June 17, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Resol. #2003-30/ General Plan Amendment

#2003-02

The Acting Planning Director reviewed the Staff recommendations regarding the approval of Inyo County General Plan Amendment No. 2003-02.  Ms. Clark summarized the actions taken by the Board regarding the preceding items concerning the Stanton, Geris-Sample, Kuznitz and Black projects.  She noted that to reflect the actions of the Board, Page 8, Item No. 4. of the Resolution had been changed to include a statement that the conversion of the duplex shall be completed prior to the issuance of the certificate of occupancy.  Ms. Clark also noted that on Page 10, Item No. 10., required the submittal of an Amended Site Plan.

On a motion by Supervisor Arcularius and a second by Supervisor Hambleton, Resolution No. 2003-30, approving Inyo County General Plan Amendment #2003-02, which includes amendments to the Land Use Element of the General Plan for four projects which are Stanton, Geris-Sample, Kuznitz and Black:  motion unanimously passed and adopted.

Adjourned

The Chairperson adjourned the regular meeting at 10:55 a.m., to 9:00 a.m., June 17, 2003, in the Board of Supervisors Room, at the County Administrative Center, in Independence.