County of Inyo

Board of Supervisors

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 forth coming.

Introduction

Ms. Leslie Klusmire, Planning Director introduced Mr. Chris Kennedy, Senior Planner to the Board. 

COA-Personnel/ Leave Without Pay

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve a request for a leave-of-absence without pay for a County employee for a period of up to 90 days beginning May 21, 2004 through August 19, 2004, in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations.  Motion carried unanimously.

Planning/GIS P.O.

Moved by Supervisor Dorame and seconded by Supervisor Williams to award the bids for and approve the purchase of GIS equipment from the vendors and in amounts as recommended by Staff, in an amount not to exceed a total of  $27,059.47.  Motion carried unanimously.

P.W.-Bldg. & Maint./Superior Court II Lease

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the Lease Agreement between the County of Inyo and Robert Bell for lease of the Superior Court II building located at 345 S. Clay Street in Independence, for the period of July 1, 2004, through June 30, 2005, at the rate of $1,135 per month, with options to extend for additional one year terms through June 30, 2007, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

P.W./ESRA/ Contract for  Water System Improvement Project

Supervisor Arcularius queried Staff regarding the notification process, which would be provided to the vendors located at the airport and the people who use the airport of the interruption in water supplies.  Mr. Jewett explained that notification would begin immediately to advise the airport users of the impending interruption of service, as well as working with the Contractor to identify the exact dates and times of the work in order to provide at least a couple of days prior notification.  Moved by Supervisor Bear and seconded by Supervisor Arcularius to A) award and approve the Contract for the Eastern Sierra Regional Airport Water System Improvement Project to Sierra Cascade Construction of Palmdale, California, in an amount not to exceed $221,025.10, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and B) authorize the Public Works Director to sign all Contract Change Orders to the extent permitted pursuant to Section 20142 of the Public Contract Code.  Motion carried unanimously.

BofS/IMPACT

The request for Board discussion regarding the County’s participation and possible appointment of a representative to IMPACT (Inyo Mono Preservation and Culture of Trout,) was pulled from the agenda at the request of Supervisor Williams.

Senior Prg./ Enforcement of County Regs. For Community Bldgs.

Mr. Charles Broten, IMAAA Program Director, provided additional information and further clarification on the request to have the Senior Program and the Building and Maintenance Division of Public Works enforce the County’s Rules and Regulations regarding use of community buildings.  Supervisor Hambleton expressed his desire to have the Civic Clubs in Big Pine and Independence be permanently exempted from the enforcement because of their historic use of the buildings in questions and because of their service to the communities.  The Board and Staff discussed a variety of issues involved with the request, including the waiver authority, the requirement that in-kind services be calculated at double the fee, the need for consistent enforcement, the potential revenue to be generated for the Senior Program, and the need to amend the Ordinance governing the Fees, etc., to bring it in line with the Board’s policy for enforcement.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to direct Staff to begin the process to amend the County ordinance governing the “County of Inyo Fees, Rules and Regulations for Use of Group Picnic Areas and Community Buildings” to better reflect actual practice, to permanently waive enforcement for the Big Pine and Independence Civic Clubs; and to authorize the Senior Program and Public Works Building and Maintenance to enforce the community building portion of the “County of Inyo Fees, Rules & Regulations for the Use of Group Picnic Areas and Community Buildings:” as follows: A) designate the Senior Program and Building and Maintenance authority to require that all users share responsibility for building upkeep and maintenance, either through cash or in-kind contributions as specified in the regulations; B) authorize the Senior Program Staff to collect fees and key deposits, install new locks if necessary, monitor use and assure that the proceeds generated from the use of the buildings are used to offset the actual costs of operating the buildings; and C) deposit all revenues earned pursuant to rental in IMAAA/IMSP Budget Unit 612500.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., reconvening at 10:10 a.m., with all Board Members present.

Rd. Dept./Starlite Stop Signs

Mr. Jeff Jewett, Public Works Director, reviewed the request for approval to install two stop signs in the community of Starlite.  Mr. Dan Totheroh and Mr. Tom Stephenson, Starlite Residents, addressed the Board to support the recommendation.  The Board and Staff discussed the speed limit signage, with Mr. Jewett indicating that he would see about having another speed limit sign installed at the west entrance into the Community.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the installation of two stop signs at the intersection of Starlite Drive and Polaris Circle in Starlite Estates.  Motion carried unanimously.

Water/Interim

3 Year Water Management Plan

The County Administrator briefly reviewed the history surrounding the Draft Interim Three Year Agreement and Mr. Greg James, Water Director, walked the Board through the Agreement in detail, including potential ramifications to not approving the Agreement.  Prior to taking public comment regarding the Agreement the individual Board Members expressed their dissatisfaction with the Agreement, indicating that they were not supporting the Agreement, that they felt the risks far outweighed the benefits and that the Agreement did not sufficiently protect the County’s resources. The Board Members indicated their total commitment to protecting the County’s interests and to the enforcement of the Water Agreement.  The Board also qualified their disappointment in the Agreement by commending Staff for their involvement and commitment to the mutual gains process and recognizing that the deficiencies in the Agreement were a result of fundamental differences between the two parties and not as a result of any failure on the part of Staff from either the County or DWP.  Members of the audience who addressed the Board to support the Board’s position and oppose the Agreement were Paul Lamos, Chairperson Inyo County Water Commission, Daniel Pritchard, California Native Plant Society, who also presented the Board with a letter from the Sierra Club opposing the Agreement, Harry Williams, a Native of the Owens Valley, Robert Jellison, Resident, Alice Robertson of the Keeler CSD, and Bennet Kessler of KDAY who questioned the Board on the funding the County received from DWP.  The Assistant Clerk read into the record a letter for the League of Women Voters opposing the Agreement.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to not approve the proposed Interim Three Year Agreement between the County of Inyo and the Los Angeles Department of Water and Power, including but not limited to the Operations (Pumping) Program.  Motion carried unanimously.

Recess/

Reconvene

Prior to recessing the meeting, the Chairperson announced that the Board would reconvene at 3:00 p.m., because several members of the Board would be in Court observing arguments in the Tobacco Settlement litigation.  The Chairperson recessed the regular meeting at 12:05 p.m., reconvening at 3:00 p.m., with all Board Members present.

Senior Prg./ Statham Hall Freezer Repair

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to A) approve the emergency repair and replacement of a compressor for the walk-in freezer at Statham Hall; and B) authorize the payment of $2,317.11 to Primmer’s Refrigeration for the replacement of the compressor in two installments of $1,159 at this time and $1,158.11 in July, 2004.  Motion carried unanimously.

Parks/Tecopa Hot Springs Sewage Repair Engineering Contract

Mr. Chuck Hamilton, Deputy County Administrator, provided additional information and clarification on the proposed Contract for analysis and plans and specs for the repair of the sewage treatment lagoon at the Tecopa Hot Springs Park and Campground.  The Board and Staff discussed the various alternatives to solving the problem at the lagoon, with the Board concurring that the work to be performed under the proposed contract would need to be accomplished in order for the Board to consider any of the alternatives for resolving the problem at the sewage treatment lagoon.  The Board and Staff went on to discuss the funding source to pay for this Contract, with Supervisor Arcularius requesting that Staff research all funding sources available for this repair in order to protect the largest portion of the County’s Prop 40 funding.  Moved by Supervisor Dorame and seconded by Supervisor Bear to A) amend the FY 2003/04 Parks & Recreation Budget Unit 076998 by increasing estimated revenue in State Grants (Revenue Code #4498) by $80,615 and increasing appropriations in Professional Services (Object Code #5265) by $70,100 and Internal Charges (Object Code #5121) by $10,515; and B) approve the Agreement between the County of Inyo and JWA Consulting Engineers, Inc., of Pleasant Hill, California to provide and prepare the structural analysis, and plans and specifications for the repair of the sewage treatment lagoon at the Tecopa Hot Springs Park and Campgrounds, for the period of May 11, 2004 through December 31, 2004, in an amount not to exceed $70,100, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.   Motion carried unanimously.

Planning/Fee Increases

The Board and the Planning Director reviewed the proposed Planning Department fee increases in detail and at length.  Moved by Supervisor Bear and seconded by Supervisor Williams to direct staff to initiate the ordinance process necessary to consider establishing and amending said service fees.  Motion carried unanimously.

Resol. #2004-16/ Rescinding Resol. 99-64 re Jaxon Ent.

On a motion by Supervisor Dorame and a second by Supervisor Williams, Resolution No. 2004-16 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Rescinding Inyo County Resolution No. 99-64, Concerning Reclamation Plan 97-6, and Taking Other Actions to Comply with the Preemptory Writ of Mandate Issued in Jaxon Enterprises, A California Corporation v. The County of Inyo, et al., Inyo County Superior Court Case No. 24260,” was adopted: motion unanimously passed and adopted.

Planning-Yucca Mtn./Plans & Specs. DV Water Monitoring

Mr. Andrew Remus, Yucca Mountain Program Director, provided additional information and further clarification on the Death Valley Regional Ground Water Monitoring Program.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the plans and specifications for the drilling of deep wells for the Death Valley Regional Ground Water Monitoring Program and authorize the Director of Planning to advertise for bids.  Motion carried unanimously.

P.W.-Bldg. & Maint./Fee Increase

The Board and Staff discussed the proposed increases to the Building and Safety Permit fees in detail and at length.  Moved by Supervisor Dorame and seconded by Supervisor Williams to direct Staff to develop and bring back for Board consideration a resolution implementing the proposed increases in Building and Safety Permit fees.  Motion carried unanimously.

BofS/Minute Approval

Supervisor Arcularius asked that the minutes of the May 4, 2004, Board of Supervisors Meeting be corrected to reflect her affiliation with the Farm Bureau in relation to the discussion regarding the fire suppression fees and not the Cattlemen’s Association.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes of the May 4, 2004, Board of Supervisors Meeting, as corrected.  Motion carried unanimously, with Supervisors Arcularius, Williams and Hambleton voting yes, and with Supervisors Bear and Dorame abstaining.

Board Members and Staff Reports

The County Administrator reviewed the status of the Environmental Health Director recruitment and provided the Board Members with a copy of a draft job description.  The County Administrator went on to update the Board on the Governor’s may revise, indicating that it looks like the Governor’s budget does incorporate CSAC’s budget alternative.  Mr. Mendez began to discuss the Sierra Business Council’s recent request for members to adopt a position on the wilderness legislation.  Supervisor Bear declared a conflict and exited the meeting.  Mr. Mendez went on to express his concern with the shift in policy of the Council and their becoming an advocacy group.  He explained that he would be communicating with SBC in order to convey the County of Inyo’s concerns with possible conservancy legislation because of the unique impact to the County because of our Philips tax formula.  Mr. Mendez indicated that he would keep the Board informed and requested that the individual Board Members not take a position on any wilderness as was requested by SBC.  At the conclusion of Board Members and Staff Reports, Supervisor Bear rejoined the meeting.

Closed Session

The Chairperson recessed open session at 4:40 p.m., to convene in closed session, with all Board Members present to discuss agenda items No. 19.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sierra Club v. City of Los Angeles, Department of Water and Power and County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; No. 20.  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. 21.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Elected Officials Assistant Association (EOAA) - Negotiators - County Administrator and Personnel Analyst; No. 22.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Deputy Sheriff’s Association (DSA) - Negotiators - County Administrator and Personnel Analyst; and No.  23.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization - Law Enforcement Administrators’ Association (LEAA) - Negotiators - County Administrator and Personnel Analyst.

Report on Closed Session

The Chairperson recessed closed session at 6:45 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 6:45 p.m., to 9:00 a.m., May 25, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.