Board of Supervisors

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to authorize, pursuant to Cash Handling Policies, existing checking accounts outside the County Treasury for purposes of providing representative payee services to mental health legal conservatees and voluntary clients, and authorize the Health and Human Services Director to establish new accounts, as necessary, for these same purposes in the future.  Motion carried unanimously, with Supervisor Bear absent.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Dwayne’s Friendly Pharmacy for provision of pharmaceutical services for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $65,000, contingent upon the Board’s adoption of a FY 2004/05 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-26 was adopted pursuant to the provisions of Article XVI, Section 6 of the California Constitution, requesting and approving a $5,000,000 interim loan from the County Treasury for the purpose of financing County operation during the 2004-05 fiscal year: motion unanimously passed and adopted, with Supervisor Bear absent.
 

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-27 authorizing the transfer of the USA Media Group, LLC cable television franchise to Cequel III Communications I, LLC under the same terms and conditions of the current franchise granted to USA Media under Resolution 99-5 dated January 19, 1999 and authorize the Chairperson to sign the form of Consent and Approval of Local Franchise Authority to transfer a CATV Franchise: motion unanimously passed and adopted, with Supervisor Bear absent.
 

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to modify existing policy concerning the approval of well permit applications for LADWP wells in a manner that allows the issuance of permits for monitoring wells without the Board approving the permit, with the Board being provided a copy of the well permit when it is submitted.  Motion carried unanimously, with Supervisor Bear absent.
 

Mr. Ron Juliff, Deputy County Administrator, provided additional information regarding efforts to plan a one-day conference to update citizens on the goals established during the Inyo 2020 Forum.  The Board tentatively calendared the event for November 13, 2004.  During the discussion and prior to the motion Supervisor Bear joined the meeting.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to A) authorize a one-day conference to update citizens on the progress and status of the Priorities for Action that were established during the Inyo 2020 Forum, March, 1999; B) approve the transfer of $5000 of TANF funds from Social Services Support and Care Budget Unit 055800 to the Economic Development Budget Unit 010203, to assist in the production of the conference; and C) authorize the Economic Development Coordinator to solicit conference sponsors, procure a facility for the event, schedule presenters and stage the event during the fall of 2004, tentatively on November 13, 2004.  Motion carried unanimously. 
 

The Chairperson opened the public hearing at 10:09 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2004-02/Price and Amending Title 18 of the Inyo County Code, the Inyo County Zoning Ordinance, by Reclassifying a 2,700 Square Foot Portion of a Parcel of Property Located at 610 South Edwards Street (U.S. Highway 395) in the Community of Independence from C-2-10,000 (Highway Services and Tourist Commercial – 10,000 square feet minimum) to R-1-5,800 (One Family Residence – 5,800 square feet minimum.”  Ms. Adena Fansler, Planning Associate, reviewed the Staff Report and recommendations, requesting that the maps and the Staff Report be accepted into the record.  They were marked Exhibits A and B, respectively.  There being no further comment, the Chairperson closed the public hearing at 10:11 a.m.  Moved by Supervisor Williams and seconded by Supervisor Dorame to waive the first reading of the ordinance and schedule the enactment for 10:05 a.m., July 27, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.
 

On a motion by Supervisor Arcularius and a second by Supervisor Bear, Resolution No. 2004-29, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Declaring Its Intent to Vacate That County Road Right-of-Way in the Dixon Lane Area Northwest of Bishop, and Setting and Providing Notice of a Public Hearing on Said Vacation,” was adopted: motion unanimously passed and adopted.
 

The Chairperson opened the public hearing at 10:16 a.m., to consider ordering the seizure of the Avocet Tungsten, Inc., financial assurances in the amount of $585,000 posted for Reclamation Plan 91-4 with Union Bank of California.  Ms. Leslie Klusmire, Planning Director, reviewed the Staff Report and recommendations regarding the recommendation that the County seize the financial assurances relative to Reclamation Plan 91-4 for the Pine Creek Mine property.  Ms. Klusmire and Assistant County Counsel, Allen Berrey, responded to questions and provided additional information and further justification for the recommendation.  The Chairperson recognized Mr. Pompko and Janke of the State Office of Mining Reclamation, who were in the audience and called for public comment.  There was no one from the public wishing to address this issue.  The Board and Staff continued to discuss the recommendation to seize financial assurances, with the Chairperson closing the public hearing at 11:05 a.m.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to direct the Inyo County Planning Department to commence efforts to seize the current letter of credit, commence a process to obtain the remaining reclamation costs (approximately $1.4 million), and complete reclamation according to Reclamation Plan 91-4.   Motion carried unanimously.
 

The Chairperson recessed the regular meeting at 11:06 a.m., reconvening at 11:20 a.m., with all Board Members present.

The County Administrator reviewed the recommendations for the Separation Incentive Plan (SIP) reviewing the specific details on the individuals who would separate from the County’s employment if the SIP is approved.  The Board discussed the recommendation to authorize the Public Administrator/Public Guardian (PA/PG) to participate in the Plan, with Supervisor Hambleton reiterating his position that he was not willing to offer an early retirement benefit to elected officials.  The Board and Staff discussed the PA/PG position, with Ms. Sally Cline, the PA/PG, supporting the County Administrator’s recommendation to allow her to take the SIP and have her Deputy appointed to her position.  The Board also discussed a variety of the other recommendations regarding the SIP recipients, with the Board asking Staff to schedule a workshop for August 3, 2004, to further discuss the alternatives for the reorganization of the Water Department as a result of the Board approving the Water Director’s inclusion in the SIP and direct the County Administrator to bring back recommendations for a contract for services with Mr. James for consideration at the August 17, 2004 meeting.  At the conclusion of the discussion the Board took the following action.  

Moved by Supervisor Arcularius and seconded by Supervisor Williams to not offer the Separation Incentive Plan to the Public Administrator/Public Guardian.  Motion carried unanimously.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to A) approve the Separation Incentive Plan (SIP) for 26 County employees and 1 Court employee; B) direct staff to reflect the specific actions taken for each position in the County’s plan document, except for the Public Administrator/Public Guardian who is not being offered the Plan and direct Staff to return in a workshop on August 3, 2004, to evaluate alternatives for the reorganization of the Water Department in light of the SIP being offered to Water Director; and C) report back on the plan for the next four years during budget hearings and identify any future restructuring or positions as a result of the SIP.  Motion carried unanimously.
 

The Chairperson recessed the regular meeting at 1:40 p.m., reconvening at 2:40 p.m., with all Board Members present.
 

The Board met in a workshop with County Administrator Staff who provided the Board with an update on the status of parcels of land to be released in accordance with the terms of the Long Term Water Agreement.  The Chairperson recessed the workshop at 3:20 p.m.
 

The Chairperson convened in closed session at 3:20 p.m., with all Board Members present  to discuss Agenda Items No. 17.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Department of Fair Employment & Housing v. County of Inyo - County of Inyo v. Department of Fair Employment & Housing - Inyo County Superior Court Consolidated Case No. SICVPT 02-30209; No. 18.  CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) – Decision Whether to Initiate Litigation (One Case); No. 19.  PENDING LITIGATION (Pursuant to Government Code Section 54956.9(a) - CONFERENCE WITH LEGAL COUNSEL EXISTING - Ericka Streg v. County of Inyo, Claim No. 2406.
 

The Chairperson recessed closed session at 6:10 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.  
 

The Chairperson adjourned the regular meeting at 6:10 p.m. to 8:00 a.m., July 20, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.