County of Inyo

Board of Supervisors

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

The Chairperson announced the County Department Report period.  Ms. Leslie Chapman, Auditor-Controller, provided a report on the State Auditor-Controller Conference and announced that the County was honored with a State Controller Award for Achieving Excellence in Financial Reporting. She went on to thank the members of her Staff, Ms. Virginia MacLeod and the Board for their help and support.  Ms. Leslie Klusmire, Planning Director, updated the Board on the Pine Creek Mine project. 

BofS/Classic Day Publishing Agreement

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Agreement with Classic Day Publishing, LLC, for the reformatting of the Inyo County Code to standard 8-1/2” x 11” size, including this year’s code book supplement through Ordinance 1083, future supplement printing services, Internet data conversion, CD ROM, binders and tabs, authorize the Chairperson to sign and approve a purchase order to Classic Day Publishing in an amount not to exceed $10,500, including tax and shipping, for the conversation including the 2004 supplement.  Motion carried unanimously, with Supervisor Bear absent.

Probation/Bar-O- Boys Ranch Payment

P.W./L.P. Bike Path Master Plan Grant

Mr. Jeff Jewett, Public Works Director, provided additional information and further explanation on why the recommendation was to not approve the grant application for the Lone Pine Bike and Walking Path Master Plan.  He explained that there is a countywide Bicycle Master Plan and he is recommending that the Plan be revised to incorporate this project.  Ms. Margaret Warner, President of the Lone Pine Community Association, addressed the Board to support the Grant Application and to explain why they had applied for the grant.  The Board and Staff discussed the specifics of the project.  The Board directed Staff to meet with the Association and evaluate revising the countywide Bike Path Master Plan to include this project and to return in the next few weeks to report on these items including a prioritization and staff time estimate for the project. 

Resol. 2004-57/ Approval of MOU with DSA

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-57, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Approving the 2004-05 Memorandum of Understanding between the Inyo County Deputy Sheriff’s Association and Inyo County Approving a Retroactive Cost of Living Adjustment Increase Effective July 1, 2004, was adopted:  motion unanimously passed and adopted.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the July 1, 2004 through June 30, 2005, Comprehensive Memorandum of Understanding between the County of Inyo and the Deputy Sheriff’s Association (DSA) and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

Ord. 1090/

Rescind Elected Officials COLA

Probation/Filling 5 Vacant Positions

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to waive the hiring freeze and authorize the recruitment and filling of five (5) vacant positions within the Probation Department.  Supervisor Bear joined the meeting just prior to the vote being taken on this request.  Motion carried unanimously, with Supervisor Bear abstaining.

Sheriff-Animal Control/Fee Ordinance

The Chairperson opened the public hearing at 10:20 a.m., on an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Section 8.28.040 of the Inyo County Code to increase certain Animal Services related fees, and Establish an Annual Fee Adjustment.”  Undersheriff Jack Goodrich reviewed the Staff recommendations, explaining that the rates have not been increased since 1981 and the  rates  proposed attempt to cover the actual costs to provide the services.  The Board and the Undersheriff discussed the proposed rates. Supervisor Arcularius asked the Department to keep track of the impact of the impound fees and report back to the Board if the fees are causing the animals to be left at the shelter. There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:30 a.m.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to waive the first reading of the ordinance and schedule the enactment for 10:05 a.m., November 9, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Water Dept./Org. Structure

Mr. Doug Daniels, Water Department, reviewed the recommendations from the Water Commission regarding the structure of the Water Department, which were to (a) have the department remain independent; (b) conduct an open recruitment for the Director; (c) have the Interim Director come from within the Department; (d) keep the Salt Cedar Program in the Department; and (e) retain the present Director until June 30, 2005.  Ms. Ellen Hardebeck, representing the League of Women Voters, and Ms. Nicole Schober, representing the Sierra Club, submitted letters regarding the reorganization of the Water Department.  The Board Members expressed their individual preferences for the Water Department organizational structure, with the Board Members concurring on keeping the Department independent and not combining it; conducting an open recruitment for the Water Director; having legal services provided to the Department through County Counsels Office; and with Supervisors Arcularius, Bear, Hambleton and Dorame wanting to keep the flexibility of moving the Salt Cedar Program to the Weed Management Program and with  Supervisor Williams, expressing his desire to see the Salt Cedar Program remain in the Water Department.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to direct staff, regarding the Water Department organization structure, to: (a) create a Water Director position without legal experience requirements and conduct an open recruitment for the position; (b) create a position in County Counsel’s office, 50% dedicated to Water Department issues and 50% dedicated to other County Counsel duties; (c) have the Salt Cedar Program remain in the Water Department, while working with the Agricultural Commissioner to assess the viability of moving the Program into the Weed Management Program and (d) return next week with a cost analysis of these proposed actions.  Motion carried unanimously.

The County Administrator reviewed the recommended actions identified in the Staff Report to amend the County Budget.   Moved by Supervisor Arcularius and seconded by Supervisor Dorame to amend the FY  2004-05 County Budget as recommended by Staff.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to amend the FY 2004-05 Transit Program Budget Unit 153010, by increasing estimated revenues in Federal Grants (Revenue Code #4555) by $40,212, and by increasing appropriations as recommended by Staff by $40,212.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to A) find that the County has met its obligation to offer to lease the former Big Pine Care Facility to those entities described in Government Code Section 54222; B) approve the reissuance and readvertisement of the Request for Proposals (RFP) for the lease and development of the former Big Pine Care facility; and C) set December 7, 2004 at 10:05 a.m., as the date and time for a public meeting at which the Board of Supervisors will receive and consider timely responses to the RFP for the lease and development of the former Big Pine Care facility.  Motion carried unanimously.

Supervisor Bear indicated that she would abstain from voting on this item in order for all of the minutes to be considered in one motion.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the minutes of the Board of Supervisors meetings of A) October 5, 2004; B) October 12, 2004; C) Special Meeting of October 18, 2004; D) October 19, 2004; and E) October 26, 2004.  Motion carried unanimously, with Supervisor Bear abstaining. 

Moved by Supervisor Williams and seconded by Supervisor Bear to authorize the County Election Department to render the services specified in the City of Bishop Resolution No. 04-32 to the City relating to the conduct of a General Municipal Election to be held on Tuesday, March 8, 2005; and to submit to the City for payment a bill for all County services performed.  Motion carried unanimously.

The Board Members reported on their activities during the preceding week including a Great Basin Air Pollution Control Board Meeting.  Supervisor Williams presented Supervisor Michael Dorame with a plaque and a small gift from the Great Basin APCD Board with their thanks for his efforts on behalf of the District.  The Board Members echoed Great Basin’s sentiments and also thanked Supervisor Dorame for his commitment to the District.

The Chairperson recessed open session at 4:55 p.m., to convene in closed session with all Board Members present to discuss Agenda Items No. 16.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED 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. 17.  PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Appointment - Title:  Acting Water Department Director;  No. 18.  PERSONNEL (Pursuant to Government Code Section 54957.6)– Instructions to Negotiators re: wages, salaries and benefits; Title: Acting Water Department Director - Negotiator:  Members of the Board of Supervisors as designated; No. 19. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Performance Evaluation - Title:  County Counsel; and No. 20.  PERSONNEL (Pursuant to Government Code Section 54957.6)– Instructions to Negotiators re: wages, salaries and benefits; Title: County Counsel - Negotiator:  Members of the Board of Supervisors as designated.

The Chairperson recessed closed session at 6:55 p.m., to convene in open session to receive a report on closed session.  County Counsel reported that the Board is pleased to announce the appointment of Mr. Aden Wallum as the Acting Water Director, commencing on January 1, 2005, at a salary of $7,200 per month, with a contract to be returned next week for approval.