County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  Mr. Jon Anderson representing the Laws Railroad Company provided an update on the Laws Railroad Project and asked that a formal discussion of the project and project funding be agendized for the December 7, 2004, meeting.  The Chairperson directed that this item be agendized as requested.

The Chairperson announced the County Department Report period.  Ms. Jean Dickinson, Director of Health and Human Services, informed the Board that Mono County was providing Inyo County with additional flu vaccines, explaining that Mono County’s private physicians had obtained flu vaccines from an alternate provider, thus making some of the County’s allocation available to share with Inyo County.  Ms. Dickinson also reported that the County has received a response from the Bakersfield Office regarding the County’s letter requesting an increase in administrative reimbursement to continue to manage the local Workforce Investment Program.  She explained that the County had received a slight increase for administrative costs, along with the request that the County continue to contract for the services and monitor the administrative costs.  Mr. Jeff Jewett, Public Works Director, provided the Board with a brief update on the status of the Laws Railroad Project.  Mr. George Milovich, Agricultural Commissioner, announced that small counties would be receiving an additional 1/4 percent for pesticide enforcement funding.  He also informed the Board that they would be receiving the Mosquito Abatement Benefit Assessment information in the near future.

The Chairperson recessed open session at 9:35 a.m., to convene in a workshop, with all Board Members present, to discuss the County’s Yucca Mountain Oversight Program.   The Chairperson recessed the workshop at 10:25 a.m., to reconvene in open session, with all Board Members present.

Farm Adv./ Grazing Board Expenditures

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to authorize the purchase of materials and equipment as follows:  $3,500 to Geoff Pope of Deep Springs College to repair existing boundary fencing; $500 to Joan Vogt of Vogt Ranch for the replacement of a trough; and $1,500 to Rod Dowers of Triple D Ranches for the purchase of four galvanized water troughs.  Motion carried unanimously.

HHS-Soc. Serv./ Community Serv. Solutions Contract

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Community Service Solutions for prevention leadership services for the period of October 1, 2004, through June 30, 2007, at the annual rate of $50,000 for a total amount not to exceed $150,000, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Soc. Serv./ Salvation Army Contract

HHS-Behavioral Hlth./O’Bosky Contract

Rd. Dept./Tree Removal

Sheriff/Night Vision Scopes Contract

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve a contract between the County of Inyo and Naval Surface Warfare Center (NAVSURFWARCENDIV) for the lease of eleven (11) AN/PVS-5 (or equivalent) night vision scopes for a one year period not to exceed $3,300.00 and authorize the Sheriff to sign.  Motion carried unanimously.

Ord. 1091/Animal Control Fees

On a motion by Supervisor Williams and a second by Supervisor Bear, Ordinance 1091, 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,” was adopted: motion unanimously passed and adopted.

Parks/Chair Donation

The County Administrator asked that the number of chairs to be donated to the Hummingbird Family Resource Center be changed from four to forty.  County Counsel explained that because Hummingbird Family Resource Center is not a public agency the Board would need to find that the donation of the chairs to that organization serves a public purpose.  Moved by Supervisor Dorame and seconded by Supervisor Arcularius to A) declare sixty-five metal folding chairs located at the Tecopa Community Center as surplus; find that the donation to the Hummingbird Family Resource Center serves a public purpose and donate forty chairs to the Hummingbird Family Resource Center and twenty-five chairs to the Southern Inyo Fire Protection District.  Motion carried unanimously.

The County Administrator provided the Board with the statistics regarding the fiscal impacts of the Board’s decisions regarding the Water Department organizational structure.  Mr. Mendez asked the Board to reconsider their decision regarding recruiting for a Water Director without legal experience.  He explained that in order to provide the Board with the greatest amount of flexibility in seeking a Water Director he would like to fly the recruitment with or without legal services.  Moved by Supervisor Arcularius and seconded by Supervisor Bear to maintain the Water Department as a stand-alone department, conduct an open recruitment for a Water Director with and without legal requirements, and transfer the water related legal work to the Office of County Counsel.  Motion carried unanimously.

The Board thanked Mr. Wallum for his support of the County.  They thanked the Public Works Director for his willingness to allow Mr. Wallum to take on the Acting Water Director position.  The Board acknowledged Mr. Wallum’s extensive experience in the management of water districts, commenting that it was fortunate that the County had a qualified individual who could step in and run the Department until a permanent Water Director appointment is made.  Moved by Supervisor Williams and seconded by Supervisor Dorame to approve a contract between the County of Inyo and Arden Wallum for Personal Services as a County Officer for the period of January 1, 2005 through termination at a monthly salary of $7,200.00 per month and authorize the Chairperson to sign.  Motion carried unanimously.

Ms. Leslie Klusmire, Planning Director, reviewed the Staff recommendations regarding the advisory vote for the McLaren Ranch Estates Subdivision, regarding changing lot size.  The Board and Staff discussed the specifics of the ballot, including the percentage needed for approval, the deadline for returning the ballot, drop off locations, which residents would be receiving ballots and the specific question to be asked on the ballot. Mr. Steve Stephens, McLaren Ranch Resident, addressed the Board.  Ms. Beverly Harry, Clerk-Recorder, responded to questions from Mr. Stephens as well as the Board regarding how the advisory vote would be conducted.  The discussion of the advisory vote was continued to after the lunch break in order to provide staff the opportunity to obtain an accurate list of the property owners who would be provided a ballot. 

Reconvene

The Chairperson recessed the regular meeting at 11:50 a.m., reconvening at 1:15 p.m., with all Board Members present.

The Board continued their discussions regarding the McLaren Ranch Estates advisory ballot.  Ms. Klusmire provided the Board with a copy of the official list to be used for the advisory ballot.  She noted that while there are 100 addresses listed, numbers 71 and 72 are not listed, and as a result there are 98 names on the list.  The Board and Staff continued to discuss in detail and at length the percentage of affirmative votes needed for required action by the Board.  The County Administrator, County Counsel and Ms. Klusmire, reiterated (a) that this is an advisory vote; (b) that it is important to clearly define for those participating what action will be taken, based on what majority, i.e. simple or super majority; and (c) that the advisory vote if approved by the required majority will only mean that the process for consideration of a zone reclassification will be implemented, not that the properties will be rezoned.  Supervisors Arcularius and Hambleton indicated their desire to have at least 75% of the property owners approve the advisory ballot before there be a requirement to begin the process to consider a zone reclassification in the McLaren Ranch Estates Subdivision.  Moved by Supervisor Williams and seconded by Supervisor Bear to set the deadline for the Advisory Vote for the McLaren Ranch Estates Subdivision regarding changing lot size to be 5:00 p.m., December 17, 2004, have the Clerk-Recorder position a ballot box at the Administrative Services Offices in Bishop, establish that the ballot is based on one parcel, one vote and request the Clerk implement an envelope marking method similar to the election absentee ballot process to ensure that there is no duplicate voting; and establish a super majority or 66 parcels that must vote yes before the zone reclassification process be implemented.  Motion carried on a three-to-two vote, with Supervisors Bear, Williams and Dorame voting yes, and with Supervisors Arcularius and Hambleton voting no. 

Moved by Supervisor Dorame and seconded by Supervisor Williams to authorize payment in theamount of $3,348.00 to Hanger One Aero Services, Inc, for Inyo County Representatives to attend the Standing Committee Meeting with Los Angeles Department of Water and Power in Los Angeles on July 6, 2000.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to declare Gateway, Inc., as a sole-source provider of the Profile 5MX-C all-in-one computer and approve the purchase of two Profile 5MX-C computers from Gateway in an amount not to exceed $3,288.53 plus tax.  Motion carried unanimously.

Ms. Leslie Klusmire, Planning Director, reviewed the proposed schedule to update the County’s General Plan, which is required by law to be updated every five years.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the proposed plan to update the County’s General Plan as submitted and update the Board of Supervisors at their meetings after Phase I, workshops 1 and 2 and at any other time during the process as determined by the Planning Director.  Motion carried unanimously. 

Moved by Supervisor Williams and seconded by Supervisor Arcularius to authorize filling one vacant Custodian I position at Range 42 ($1,675 - $2,039).  Motion carried unanimously.

The Board, Public Works Director, and County Administrator, discussed the Deferred Maintenance Airport Facilities and Capital Improvement Report in detail.  Moved by Supervisor Bear and seconded by Supervisor Williams to accept the five-year Deferred Maintenance, Airport Facilities and Capital Improvement Report as submitted by Staff and direct the Public Works Director to bring back the discussion on the disposition of County owned surplus property.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Williams to A) Amend the FY 04/05 County Budget by increasing the estimated revenue in the Road Budget Unit #034600, Road Reimbursable (Object Code 4815) by $38,000 and increasing appropriation in Road Materials (Object Code 5309) by $38,000; B) Approve a purchase order to Desert Aggregate Incorporated for the purchase of AR 4000 Asphalt in an amount not to exceed $13,600; and C) Approve a purchase order to Desert Aggregate Incorporated for the purchase of concrete in an amount not to exceed $24,800.  Motion carried unanimously.

Supervisor Hambleton and the County Administrator reported on their meeting with Mayor Hahn on Monday, November 8, 2004, in Los Angeles.  Supervisor Arcularius requested that a letter be sent from the Chairperson to Assemblyman Maze and Sam Cannon of Assemblyman Maze’s Staff thanking them for their assistance in getting the Governor to declare a state of emergency regarding the flooding in Death Valley.