County of Inyo

Board of Supervisors

Public Comment

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

County Dept. Reports

The Chairperson announced the County Department report period.  Mr. George Milovich, Agricultural Commissioner, updated the Board on efforts by a group of California Agricultural Commissioners to to gain federal support for California agricultural issues.

CAO-Budget Workshop

The Chairperson recessed open session at 9:35 a.m. to convene in a workshop with the County Administrator to receive an update on the various County Funds.  The Chairperson recessed the workshop at 10: 30 a.m., to reconvene in open session, with all Board Members present.

Senior Prog./ Office Lease Extension

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Lease Agreement Extension for the Lease between Inyo County and Timothy and/or Allison Fillmore for rental of office space located at 568 W. Line Street, covering the period of April 1, 2004, through March, 31, 2005, increasing the rent from $1,155 per month to $1,212.75 per month, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Hlth Serv./ Immunization Grant

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the State Department of Health Services for the provision of Immunization Outreach Grant funds in an amount not to exceed $10,234 for the period of January 1, 2004, through June 30, 2004; and authorize the Chairperson to sign.  Motion carried unanimously.

Rd. Dept./ Torque Converter P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve a purchase order to Quinn Shepard Machinery of Whittier, California, for the repair of a torque converter for the Caterpillar D-8 dozer, in an amount not to exceed $5,000.  Motion carried unanimously.

Planning/Joint Meeting Re: Revised Housing Element

The Chairperson opened the joint public hearing with the Planning Commission at 10:47 a.m.  Ms. Leslie Klusmire, Planning Director, reviewed the Staff Report and recommendations, detailing the revisions for the Housing Element.  The Board, the Planning Commission and Ms. Klusmire discussed the Housing Element at length, with Ms. Klusmire confirming that with the approval of the revised Housing Element, Inyo County will be in compliance with State regulations.  At the conclusion of the discussion the Chairperson accepted the Staff Report and attachments into the record as Exhibit A.  Mr. Mike Johnston, a local Real Estate Agent, addressed the Board to identify and offer the assistance of a local real estate group as a resource for identifying housing issues and concerns.  Mr. Larry Primosch of the Bureau of Land Management, notified the Board that BLM would be re-evaluating their local land-releases to see if there is a way to revise the process to allow for land-releases that are more aligned to the communities.  Mr. Primosch indicated that the Bureau would be coordinating this reevaluation with the local governmental entities for their input.  There being no one else from the public wishing to speak to this issue, the Chairperson closed the public hearing at 11:50 a.m.   At the conclusion of the public hearing, the Inyo County Planning Commission deliberated and took action to recommend approval by the Board of Supervisors of General Plan Amendment No. 2004-01 concerning the revised 2004 General Plan Housing Element. 

Resol. #2004-09/ Revised Housing Element

County Counsel requested that the reference to the public hearing date and the adoption date contained in the resolution be changed to reflect today’s date of April 6, 2004, instead of the March 16, 2003 date.  On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2004-09 was adopted, approving and adopting the revised 2004 General Plan Housing Element; motion unanimously passed and adopted.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:00 p.m., reconvening at 1:05 p.m., with all Board Members present.

Parks/Tecopa Concessionaire

Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff report and recommendations for expanding the evaluation criteria for evaluating the top two proposals for concessionaire operations of the Tecopa Hot Springs Park and Campground.  Mr. Hamilton requested that the following requirement be added to the proposed questions:  “Any planned expansion of the bathing pool capacity may require the proportionate expansion of the water supply.  The operator will be required to conduct a comprehensive study of the available water resources and comply with all state/local regulatory requirements necessary to provide the long-term preservation, protection and management of this resource.”  The County Administrator cautioned the Board in allowing one of the responders to provide input on the criteria by which their proposal was going to be evaluated.  Mr. Brad Goans, Tecopa Area Resident, asked that the discussion on the operations and maintenance of the Tecopa Hot Springs Park and Campground be delayed until the Board’s annual meeting in Tecopa.  Ms. Jan Rucquoi, Charleston View Resident, Ms. Kim Swords, Ms. Pamela Brownell, and Mr. Boris Gelhaar, Campground visitors, addressed the Board to support the Hummingbird Family Resource Center as the concessionaire entity.   Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the subset of questions with criteria designed to allow the Board to further evaluate the Requests for Proposal (RFP) submitted by the top two respondents for the operation of the Tecopa Hot Springs Park and Campground, as amended to add the expansion requirement.  Motion carried unanimously.

Library/Joint Use Library in Big Pine

Mr. Bill Michael, Library/Museum Director, reviewed the proposal for the Joint Use Agreement for a Joint Use Library with the Big Pine Unified School District.  Mr. Michael reviewed the Agreement, highlighting that the public will now have access to the library five days a week beginning at 12:00 p.m.  Mr. Michael also explained that this agreement is the first piece in the application process to obtain grant funds to augment County funds for a new library building in Big Pine and does not bind either the School District nor the County should all of the other pieces not fall into place.  The County Administrator, in response to a question from Supervisor Williams, explained that the  $100,000 set aside in the County’s budget for this project, was set aside several years ago from the DWP tax penalty money.  Mr. Mendez pointed out Supervisor Hambleton’s determination and success in protecting this funding through several difficult budget cycles.  Supervisor Hambleton acknowledged those members of the Big Pine School District Board of Education, the Big Pine Volunteer Fire Department, and Friends of the Big Pine Library who were in the audience.  He thanked them for their perseverance and their willingness to see this project through to a beneficial completion.   Supervisor Hambleton went on to express his feelings that this agreement is the first step in establishing a really great resource center in Big Pine, which will benefit all the residents, as well as being a wonderful opportunity to facilitate the expansion of the Big Pine Volunteer Fire Department facilities, which will also be extremely advantageous to the community.  Supervisor Hambleton received accolades from the other Board Members for his continued leadership and dedication to projects like this, which are important and vital to his constituency.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve a Joint Use Agreement between the County of Inyo and the Big Pine Unified School District regarding construction and operation of a Joint Use Library on property owned by the Big Pine Unified School District; and authorize the Chairperson to sign.  Motion carried unanimously.

Motor Pool/ Truck Utility Body P.O.

Moved by Supervisor Dorame and seconded by Supervisor Williams to award the bid for and approve the purchase of a new utility body for the Building and Maintenance pickup, from Douglass Truck Bodies, Inc., in an amount not to exceed $7,563.28.  Motion carried unanimously.

Motor Pool/ Vehicle Surplus and Disposal

Supervisor Hambleton reminded the Board of a recent discussion wherein he had asked that should vans or buses be identified as no longer needed by the County that the Board consider offering them to local qualified organizations.  The County Administrator acknowledged the request and suggested that the request to declare certain vehicles and heavy equipment as surplus be amended to delete the transit vehicles which were identified by Staff. Mr. Mendez went on to say that Staff would implement the process to dispose of these vehicles locally. Moved by Supervisor Arcularius and seconded by Supervisor Bear to A) declare the vehicles and heavy equipment identified by Staff, excluding those identified as Transit vehicles, as surplus; B) authorize using Ken Porter Auctions Services of North Hollywood, California for the removal and sale of the surplus vehicles and heavy equipment; C) waive the requirements of Sections 3.08.080 and 3.08.090 of the Inyo County Code to allow the sale of these surplus vehicles and equipment; and D) authorize the Transportation Manager to sign the consignment agreement for the sale.  Motion carried unanimously.

BofS/Support of AB 2280

The Board and Staff discussed AB 2280 (Cogdill) which would dedicate an unidentified percentage of the sport fishing license fees directly to the Hatchery Program.  Supervisor Williams explained that he was recommending that the County identify a percentage of no less than 20%, of the fees.  Supervisor Hambleton expressed his desire to expand the language to reflect not only the 20% but also “an amount not less than $9-million, whichever is greater” in order to further secure the funding needed to operate the hatchery program.  Supervisor Arcularius suggested that in addition to a resolution that the County develop alternative language for AB 2280, which incorporates those figures.  She explained that she has been working with RCRC on this issue since the original Cogdil bill was introduced last year.  Supervisor Arcularius also suggested that prior to Inyo County taking an action on this bill that Mono County be contacted to ascertain their position on the bill to make sure that the two counties are not working at cross-purposes.  Supervisor Williams supported the recommendations that amended language for the bill be developed and for the expanded language in the resolution.  The Board directed staff to (a) develop amended language for AB 2280 (Cogdill) and the supporting resolution, incorporating the minimum percentage of 20% or $9-million whichever is greater,  (b) ascertain Mono County’s position on this bill; and (c) bring both the amended bill and the resolution back next week for further consideration by the Board. 

BofS/Indian Gaming Local Community Benefit Committee

The County Administrator provided additional information and further explanation on the request for the County of Inyo to establish an Indian Gaming Local Community Benefit Committee, which will enable the County and other governmental agencies and special districts to access SB 621 funds.  County Counsel Paul Bruce provided an explanation of how the appointment of three elected officials from the City of Bishop did not trigger a “Brown Act” violation by explaining that the three City Officials would not be conducting City of Bishop business, but would be conducting Committee business.  The County Administrator provided additional clarification on the City membership explaining that when the legislation was enacted it did not take into account those jurisdictions, which either did not have any cities within the boundary limit or similar to Inyo County which only have one city in the jurisdiction boundary of the legislation.  He explained that the legislature envisioned one representative for three separate cities.  Mr. Mendez also informed the Board that clean-up legislation is being developed to address this problem.  The Board discussed Inyo County representation on the committee, with Supervisor Bear moving, and Supervisor Dorame seconding the motion, to appoint Supervisors Williams and Arcularius to serve as Inyo County’s representatives on the Committee.  Supervisor Hambleton, under discussion, disagreed with the recommended appointments, explaining that he felt North County had more than enough representation with two Bishop Tribal Members and three City Counsel Officials.  He expressed a desire to see South County represented on this Committee and recommended that he and Supervisor Dorame be appointed.  Supervisors Bear and Dorame amended their motion as follows:  Moved by Supervisor Bear and seconded by Supervisor Dorame to A) establish an Indian Gaming Local Community Benefit Committee (IGLCBC), pursuant to SB 621; B) to appoint Supervisors Williams and Hambleton to serve on the Indian Gaming Local Community Benefit Committee (IGLCBC), and appoint Supervisor Arcularius to serve as the Board’s alternate; C) appoint Mr. Vernon Bernard and Gloriana Bailey as the Tribal Representatives on the IGLCBC; D) agree to request and ratify the appointments of the three elected representatives designated by the Bishop City Counsel as the City Representatives; and E) appoint and direct the County Administrator to schedule the first meeting of the IGLCBC and act as the coordinator and administrator for the IGLCBC on behalf of the County.  Motion carried unanimously.

E. Health/Well Permit Applications

Mr. Dave Oldenberg, Environmental Health Director and Mr. Randy Jackson, Inyo County Hydrologist, responded to questions from the Board regarding the applications for three monitoring wells located near the LA Aqueduct and Highway 395 in the vicinity of Reinhackle Springs, six miles north of Lone Pine, submitted by the Department of Water and Power.  During the ensuing discussion it was determined that questions from the Board regarding monitoring well protocols  could not be answered by Staff that was present, and the Board requested that this item be continued to next week and directed that the Water Director also be present to provide additional information as required. 

HHS-Tobacco Pgrm./Fletcher Contract

Moved by Supervisor Dorame and seconded by Supervisor Williams to ratify the Contract between the County of Inyo and James E. Fletcher Ph.D., to perform required Tobacco Program evaluation, for the period of March 1, 2004, through June 20, 2004, in an amount not to exceed $3,000; and authorize the Chairperson to sign.  Motion carried unanimously.

Resol. #2004-10/ Independence Curb Project

On a motion by Supervisor Bear and a second by Supervisor Dorame, Resolution No. 2004-10 was adopted, approving an agreement between the State of California and the County of Inyo, for installation of curb, gutter and sidewalk and water and sewer lines across County Owned Property in the community of Independence; and authorize the Chairperson to sign: motion unanimously passed and adopted. 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 3:10 p.m., reconvening at 3:22 p.m., with all Board Members present.

Resol. #2004-11/ GP Amendment Floor Area Ratio

Ms. Leslie Klusmire, Planning Director, reviewed the Staff report on the request to amend the General Plan regarding floor area ratios.  She requested that the resolution and the Staff report be changed to reflect General Plan Amendment #2004-01 instead of #2003-01.  On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-11, entitled “ A Resolution of the Board of Supervisors of the County of Inyo, State of California, Approving and Adopting Amendments to the 2001 Inyo County General Plan Goals and Policies Report, Section 4.2, Land Use, to Allow for Increases, by Conditional Use Permit, in the Floor Area Ratio in the Heavy Commercial/Commercial Service, Light Industrial, and General Industrial Land Use Designations, Which Amendments are Collectively Referred to as General Plan Amendment #2004-01, and Certifying that the Requirements of the California Environmental Quality Act Have Been Met with Regard to that Action” was enacted:  motion unanimously passed and adopted.    Moved by Supervisor Williams and seconded by Supervisor Dorame to waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Section 4 of County Ordinance #943, Sections 4, 6, and 8 of County Ordinance #555, Sections 22, 29, and 30 of County Ordinance #1007, and Sections 18.49.040, 18.49.050, 18.56.040, 18.56.059, and 18.57.120 to the Inyo County Code” and schedule the enactment of the ordinance for 10:05 a.m., Tuesday, April 13, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

P.W./Budget Adjustment for Electrical Repairs at Eastern Sierra Regional Airport

The Public Works Director, provided additional information and further justification for the recommendation to pay for the costs to repair the electrical lines at the Eastern Sierra Regional Airport from the Deferred Maintenance Budget.  In response to a question from Supervisor Arcularius regarding the term “various vendors” Mr. Jewett provided the Board with a list of the expenses he is recommending be reimbursed to the Airport budget.  After perusal of the list, the County Administrator queried Mr. Jewett on reimbursing for the salaries of the Airport Staff who worked on the project.  After a lengthy discussion regarding the types of expenses to be reimbursed, the County Administrator recommended that the Board not reimburse the Airport Budget for the regular hours worked by Mr. Barnes and Mr. Ivey, thereby reducing the requested internal charges by $2,039.52 and $210.40.  Mr. Jewett also clarified that the purchase order amount could also be reduced because there was no need for him to have purchase orders for the internal charges, amending the recommendation from $17,109 to $10,000.  Moved by Supervisor Bear and seconded by Supervisor Williams to A) amend the FY 2003-04 County Budget by increasing appropriations in the Deferred Maintenance Budget Unit 011501, Other Professional Services (Object Code #5265) by $6,748; Internal Charges (Object Code #5121) by $4,945; Maintenance of Structures-Material (Object Code #5199) by $1,685; and Maintenance of Structures (Object Code #5191) by $1,481 from unappropriated reserves; and B) authorize purchase orders to various vendors in a total amount not to exceed $10,000, for the repair of the electrical lines at the Eastern Sierra Regional Airport.  Motion carried unanimously.

Ord. 1076/Flood Damage Prevention

On a motion by Supervisor Arcularius and a second by Supervisor Bear, Ordinance No. 1076 was adopted, repealing County Ordinance No. 834, County Ordinance No. 1009, and Chapter 14.29 of the Inyo County Code, and adding a new Chapter 14.29 entitled “Flood Damage Prevention” to the County Code: motion unanimously passed and adopted. 

Rd. Dept./Tree Removal

Mr. Jeff Jewett, Public Works Director and Road Commissioner, provided additional information and further justification for the removal of a large sycamore tree in the road right of way at 130 S. Lone Pine Avenue.  He explained that the Road crew was at the location removing a tree, which had been authorized by the Board for removal, when the Foreman identified a nearby tree, which was dead and appeared to pose a safety hazard.  The Foreman called Mr. Jewett who gave the authorization to remove the tree.  Mr. Jewett explained that while it was not policy to remove trees, which have not been approved for removal by the Board, in this instance, he felt it was justified in that it was economical and prudent, as well as necessary in order to ensure public safety.  County Counsel Paul Bruce confirmed that while it is a policy to seek Board approval for the removal of trees there are no state or local requirements that authority must be given.  Mr. Jewett went on to explain that he was seeking direction from the Board on how to proceed when and if this type of a situation arises in the future.  The Board Members thanked Mr. Jewett for taking action to remove a safety hazard.  They expressed the desire to continue to have the opportunity to authorize the removal of trees from road right of ways, whenever feasible and that they would like to ratify actions when preapproval is not obtained.  Moved by Supervisor Dorame and seconded by Supervisor Williams to ratify the removal of a large sycamore tree in the road right of way at 130 S. Lone Pine Avenue, in Lone Pine by County Road Department personnel.  Motion carried unanimously.

BofS/Minute Approval

The Clerk requested that the word continue be inserted in the first paragraph of the second page 8^th and 9^th line to read as follows:  “…applications which request continued funding for…”  Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the minutes of the March 16, 2004, Board of Supervisors Meeting, as amended.  Motion carried unanimously.

Fish & Game/ Expenditure

Supervisor Williams noted that while the request from Mr. Noles was for $1,000 for the printing of the “Catch and Releasing Bait Caught Trout” flyer, Inyo County’s portion was only $500.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve a $500 expenditure from the Fish and Game Fine Fund for printing the flyer “Catch & Releasing Bait Caught Trout” and authorize payment of these funds through warrant based upon certification of the expenses by Mr. Dick Noles.  Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a Mental Health Board Meeting, an LTC Meeting, and a discussion on the Board Members participation in garnering signatures for the CSAC and League of Cities budget initiative, with County Counsel, recommending the item be agendized for further Board discussion in the future.  Mr. Bruce cautioned the Board Members regarding perceived support and possible undue influence when seeking signatures. 

Closed Session

The Chairperson recessed open session at 4:45 p.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 23. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - County of Inyo v. Bishop Paiute Tribe, United States Supreme Court Docket No. 02-281 (United States Court of Appeals for the Ninth Circuit Docket No. 01-15007; United States District Court for the Eastern District Case No. CIV F-00 6153 REC LJO).

Report on Closed Session

The Chairperson recessed closed session at 6:20 p.m., to reconvene in open session to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 23.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - County of Inyo v. Bishop Paiute Tribe, United States Supreme Court Docket No. 02-281 (United States Court of Appeals for the Ninth Circuit Docket No. 01-15007; United States District Court for the Eastern District Case No. CIV F-00 6153 REC LJO), the Board, in a three-to-one-to-one vote declined to appeal the District Courts determination to uphold the Plaintiff’s dismissal of this action, with Supervisors Bear, Williams and Dorame voting yes, with Supervisor Hambleton voting no and with Supervisor Arcularius abstaining.

Adjournment

The Chairperson adjourned the regular meeting at 6:21 p.m., to 9:00 a.m., April 13, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.