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County
of Inyo
Board
of Supervisors
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The
Board of Supervisors of the County of Inyo, State of California, met in regular
session at the hour of 9:12 a.m., on, Tuesday, October
12, 2004, in the Board of Supervisors Room, County Administrative Center,
Independence, with the following Supervisors present:
Chairperson Carroll “Butch” Hambleton presiding, Linda Arcularius,
Ted Williams, and Michael Dorame. Supervisor
Dorame provided the Invocation, and Supervisor Arcularius led the Pledge of
Allegiance. Supervisor Bear joined
the meeting during the public comment period.
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| Public
Comment
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The
Chairperson announced the public comment period.
Mr. Richard Cervantes, Mr. Bruce Cotton and Ms. Ann Marie Astells
addressed the Board to comment on the condition of the Lone Pine Park.
At the conclusion of their remarks Supervisor Dorame provided a
brief history of the County’s efforts to improve the Park.
Supervisor Dorame requested Staff bring an update on the status of
Lone Pine Park Projects, with Supervisor Arcularius expanding the request
to include a status report on all County Park projects.
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| County
Dept. Report
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The
Chairperson announced the County Department Report period. Mr. Andrew Remus provided an update on the status of the
Death Valley #1 well drilling project.
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| BofS/Indy
Sports Complex Update
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Mr.
Robert Mannatt, representing the proponents of the Independence Sports
Complex Project updated the Board on the status of the project. Mr. Chris Riesen and Ms. Loralee Cole also proponents of
the Project addressed the Board. Ms.
Nancy Masters, Independence Resident, addressed the Board to question the
need for the project in light of dwindling student populations enrolled in
school in Independence and to thank the City of Los Angeles Department of
Water and Power for beginning the Independence Regreening Project.
Supervisor Hambleton expressed a desire for the Board to take
action to support the Sports Complex Project and asked Staff to agendize
an item for Board consideration which identifies recommendation No. 1 in
the Water Director’s memorandum dated October 8, 2004, concerning the
project and which reads “request LADWP to amend the MND to state that,
if the necessary findings are made (concerning Type E vegetation and
mitigation), a portion of the project area may be converted to use as a
sports complex and stables/corrals.”
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HHS-Health
Serv./CMS Plan
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
2004/05 Children’s Medical Services (CMS) Plan and authorize the
Chairperson to sign. Motion
carried unanimously.
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Resol.
#2004-49/ Juvenile Justice Plan
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On
a motion by Supervisor Dorame and a second by Supervisor Arcularius,
Resolution No. 2004-49 entitled “A Resolution of the Board of
Supervisors, County of Inyo, State of California, Authorizing the Chief
Probation Officer to Sign and Submit the County’s Comprehensive
Multi-Agency Juvenile Justice Plan,” was adopted: motion unanimously
passed and adopted.
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P.W./ESRA/
DWP Runway Clear Area Lease
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
renewal of License Agreement No. 636 between the County of Inyo and the
City of Los Angeles Department of Water and Power to clear and maintain a
runway clear area at the southeast end of Runway 12-30 at ESRA for the
period of November 1, 2004, through October 31, 2009 at the rate of $500
for five years; and authorize the Chairperson to sign.
Motion
carried unanimously.
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P.W./DWP
B. P. Drainage Ditch
Lease
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
renewal of License Agreement No. 148
between the County of Inyo and the City of Los Angeles Department
of Water and Power to construct, maintain and operate drainage ditches for
the purpose of conveying surface water from time-to-time in, over, along
and across City-owned property in the community of Big Pine for the period
of November 1, 2004, through October 31, 2009 at the rate of $500 for five
years; and authorize the Chairperson to sign.
Motion
carried unanimously.
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P.W./DWP
Sewer Line Lease
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
renewal of License Agreement No. 292
between the County of Inyo and the City of Los Angeles Department
of Water and Power to construct, maintain and operate a sewer line north
of County Road in Big Pine for the period of October 1, 2004, through
September 30, 2009 at the rate of $500 for five years; and authorize the
Chairperson to sign. Motion
carried unanimously.
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Rd.
Dept./DWP Schober Lane Right of Way Lease
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
renewal of License Agreement No. 528
between the County of Inyo and the City of Los Angeles Department
of Water and Power to construct, and maintain additional property outside
of the Schober Lane Right of Way, for the period of November 1, 2004,
through October 31, 2009 at the rate of $500 for five years; and authorize
the Chairperson to sign. Motion
carried unanimously.
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Rd.
Dept./DWP Poleta Rd. Right of Way Lease
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
renewal of License Agreement No. 616
between the County of Inyo and the City of Los Angeles Department
of Water and Power to construct, and maintain graded slopes outside the
Poleta Road Right of Way, for the period of November 1, 2004, through
October 31, 2009 at the rate of $500 for five years; and authorize the
Chairperson to sign. Motion
carried unanimously.
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Rd.
Dept./DLT Solutions P. O.
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to approve the
purchase order to DLT Solutions, Inc., for the Autodesk Subscription
renewal in an amount not to exceed $3,185.09.
Motion
carried unanimously.
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P.W.-LTC/
Appointment
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to appoint Mr.
Doug Thompson to serve on the Local Transportation Commission to serve at
the pleasure of the Board. Motion
carried unanimously.
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Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 10:20 a.m., reconvening at
10:30 a.m., with all Board Members present.
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| Planning/Net
Acreage G. P. Amendment
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The
Chairperson continued the public hearing at 10:31 a.m., on General Plan
Amendment No. 2002-03/Inyo County [Batch No. 2004-04) [Definitions of
“Gross Acreage” or “Gross Parcel Size” and “Net Acreage” or
Net Parcel Size]. Ms. Leslie
Klusmire, Planning Director, reviewed the Staff report and its attachments
in detail. At the conclusion
of her remarks County Counsel requested that the Staff Report and all
attachments be included in the record and they were marked Exhibit A. The
following McLaren area residents addressed the Board to support the
current definitions and the literal interpretations of those definitions:
Harry Peterson, Joan Lewis who submitted a letter which was marked Exhibit
B, Ray Gray, Peter Berardo who submitted a letter which was marked Exhibit
C, Steve Place who submitted a letter which was marked as Exhibit D, and
James Bassage who submitted a letter which was marked Exhibit E.
Mr. Jim Core addressed the Board to express his concern with
pending applications, which are not being filed until the decision
regarding the definition of net acreage is made.
Mr. Ken Lloyd of the Eastern Sierra CSD expressed his concern with
increased population density and the impact it will have on the CSD’s
ability to provide water to the McLaren area.
The Board, Staff and members of the audience discussed the impact
to a change in the definitions on the McLaren area, with the residents
expressing a desire to have the Board postpone a decision on the
definitions until their Community has the opportunity to take appropriate
steps to control the size of lots in their area.
Items discussed included changing the zoning in the McLaren Ranch
Estates area from RVL to RRH designation, which would secure 1-acre
minimum lot sizes; to conduct an advisory ballot measure in the area to
ascertain the residents’ wishes, and to identify specific definitions
for the McLaren area, which may be different from the countywide
definitions. Mr. Thorn
Alverston, McLaren Resident, provided additional suggestions on how to
protect the McLaren area. At
the conclusion of the discussion a motion was made by Supervisor Williams
and seconded by Supervisor Bear, which was later withdrawn to continue the
decision on the General Plan Amendment until the Staff and Board had the
opportunity to review the final language of the amendment.
The Board, Staff and audience members continued their discussions
on the impact of recommended language of the amendment on the McLaren
area. Supervisor
Arcularius expressed concern with not making a decision on the definition
of net acreage until after the election results are known, because of the
impact and possible delays to projects in other areas of the County.
County Counsel provided the Board with an example of how an
advisory ballot might be conducted and suggesting that the Ballot question
be returned for Board approval. Mr.
Steve Stephens, McLaren resident, supported the advisory ballot concept.
It was moved by Supervisor
Williams and seconded by Supervisor Dorame to move forward with an
election of the McLaren Area to determine whether the property owners want
to change the RVL designations to RRH designation, allowing 1/2 acre
minimums to change to 1 acre minimums and delay decision on the definition
of net acreage until the Board has the opportunity to conduct a workshop
on the definition and until after the results of the election are known.
The motion failed on a two-to-three vote, with Supervisors Williams
and Dorame voting yes, and with Supervisors Arcularius, Bear and Hambleton
voting no. The Board
and Staff went on to discuss their desire to consider the definition of
“net acreage,” without the limitation of the results of the McLaren
area election.
Moved by Supervisor Bear and
seconded by Supervisor Arcularius to hold an advisory measure election of
the McLaren Ranch Estates property owners on a change in zoning from RVL
to RRH, with the ballot question to be returned for Board approval before
any election is conducted and to schedule a workshop regarding the
definition of net acreage and for a determination on whether to move
forward on the net acreage definition prior to the conclusion of a McLaren
election. Motion carried on a
four-to-one vote, with Supervisors Arcularius, Bear, Hambleton and Dorame
voting yes, and with Supervisor Williams voting no.
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| Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 2:10 p.m., reconvening at 3:15
p.m., with all Board Members present, except Supervisor Bear, who had
excused herself from the remainder of the meeting just prior to the
recess.
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| CAO-Water
Dept. Structure
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The
County Administrator presented the report on the Water Department
structure including a hand out on cost impact of the options, as well as
Attachments A, B, C, D, and E. The
Board and Staff discussed the possibility of appointing an Interim Water
Director because of the estimated recruitment time being four to five
months. The Board directed Staff to agendize a closed session item
regarding the appointment of an Interim Water Director for the October 19,
2004, Board Meeting. Moved by
Supervisor Arcularius and seconded by Supervisor Dorame to direct that
consideration of an appointment of an Interim Water Director be agendized
for the Board of Supervisors meeting of October 19, 2004; agendize the
discussion, including questions and clarification of cost impacts,
regarding organization of the Water Department for the Board of
Supervisors meeting of October 26, 2004; and direct that an action request
regarding the Water Department organization be agendized for the Board of
Supervisors Meeting of November 2, 2004. Motion
carried unanimously, with Supervisor Bear absent.
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| Resol.
#2004-50/ Kern Co. P.D. Thank You Re: Capital Case
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On
a motion by Supervisor Dorame and a second by Supervisor Williams,
Resolution No. 2004-50 expressing the Board of Supervisors appreciation to
Kern County, the Kern County Public Defender’s Office and Public
Defender Art Titus for their assistance in providing highly qualified and
experienced defense counsel for a double murder capital case in Inyo
County: motion
unanimously passed and adopted, with Supervisor Bear absent.
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| HHS-Hlth
Serv./ Ryan White CARES Program
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Moved
by Supervisor Williams and seconded by Supervisor Arcularius to ratify and
approve the Contract between the County of Inyo and the State of
California Dept. of Health Services, AIDS Consortium-Ryan White CARES
Program for the period of April 1, 2004, through March 31, 2007, in the
amount of $115,728; and authorize the Chairperson to sign.
Motion
carried unanimously, with Supervisor Bear absent.
At the conclusion of the motion Ms. Tamara Cohn, Director of
Clinical Services for the Health and Human Services Department, provided
an update on the status of the flu vaccine in Inyo County.
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| HHS-Hlth
Serv./ Bioterrorism Funding Grant
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Moved
by Supervisor Dorame and seconded by Supervisor Arcularius to ratify the
California Department of Health Services Bioterrorism Funding Grant
Agreement for the period of July 1, 2003 through June 30, 2004, in the
amount of $131,589 (for last fiscal year); and authorize the Chairperson
to sign. Motion
carried unanimously.
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| Probation/Siemens
Fire Inspection Contract
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Moved
by Supervisor Williams and seconded by Supervisor Dorame to ratify and
approve the Contract between the County of Inyo and Siemens Fire Safety
Division to provide for quarterly inspections and testing of the fire
alarm system for the Juvenile Center for the period of July 1, 2004,
through June 30, 2005, in an amount not to exceed $7,450; and authorize
the Chairperson to sign. Motion
carried unanimously, with Supervisor Bear absent.
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| Board
Members and Staff Reports
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Supervisor
Arcularius updated the Board on $400-million in DHS grant funding for
Water Systems, indicating that she would provide the Public Works Director
with the pre-application form. The
County Administrator updated the Board on the Sierra Business Council’s
efforts to help resolve the local Commercial Air Transportation issues.
He informed the Board that community meetings have been scheduled.
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| Closed
Session
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The
Chairperson recessed open session at 4:25 p.m., to convene in closed
session with all Board Members present except Supervisor Bear, to discuss
Agenda Item No. 19. CONFERENCE
WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6)
- Instructions to Negotiators re: wages, salaries and benefits - Title -
Deputy Sheriff’s Association (DSA) - Negotiator - County Administrative
Officer and Personnel Analyst.
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| Report
on Closed Session
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The
Chairperson recessed closed session at 4:35 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.
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| Adjournment
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The
Chairperson adjourned the regular meeting at 4:35 p.m., to 9:00 a.m.,
October 19, 2004, in the Board of Supervisors Room, at the County
Administrative Center, in Independence.
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________________________________________
Chairperson, Inyo County Board of
Supervisors
Attest:
RENÉ
L. MENDEZ
Clerk of the Board
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