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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 9:00
a.m., on Tuesday, January 25, 2005,
in the Board of Supervisors Room, County Administrative Center, Independence,
with the following Supervisors present: Chairperson
Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard
Cervantes. Supervisor Cervantes
provided the Invocation, and Supervisor Bilyeu led the Pledge of Allegiance.
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Public
Comment
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The
Chairperson announced the public comment period.
Mr. Jerry Gewe, recently retired Chief Operating Officer of Water
Systems for the City of Los Angeles, Department of Water and Power,
addressed the Board to comment on the relationship between DWP and the
County and the Long Term Water Agreement.
Mr. Rodger Thompson, Assistant Chief in charge of CDF Operations in
the Owens Valley, introduced himself to the Board.
Mr. Michael Dorame, Lone Pine Resident, responded to Mr. Gewe’s
remarks and thanked Mr. Gewe for his willingness to work through the
myriad of issues relative to the Long Term Water Agreement.
Supervisor Arcularius took the opportunity to recognize Inyo County
Administrator, Rene Mendez. On
behalf of the County, Supervisor Arcularius presented Mr. Mendez with a
“Friends of Inyo County” award and wished him well in his new position
as City Manager for Gonzales. Supervisors
Emeritus Robert Michener, Michael Dorame and Butch Hambleton addressed the
Board to also offer their well wishes to Rene and his family in their move
to Gonzales and to thank Rene for his support of the County over the last
eight years.
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| Post
Agenda/P.W.
Eastern
California Transportation Planning Partnership Highway 395 Priority
Corridor Designation
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Mr.
Ron Chegwidden, Public Works Department, requested the Board consider a
post agenda item in order for the Board to consider a letter supporting
the Eastern California Transportation Planning Partnership’s request to
have the portion of Highway 395 from Reno, NV to Interstate 15 in
Hesperia, CA, designated as a High Priority Corridor.
Mr. Chegwidden explained that a response is required before the
Board’s next regularly scheduled meeting and the County had not been
aware of the deadline until after the Agenda for this meeting was posted. Moved by Supervisor Arcularius and seconded by Supervisor
Cash to find that the need to support the designation of the portion of
Highway 395 from Reno, NV to Interstate 15 in Hesperia, CA as a High
Priority Corridor on the National Highway System, arose after the Agenda
for the January 25, 2005, Board of Supervisors Meeting was posted and
there is a need for the Board to take action on this item prior to the
next regularly scheduled Board Meeting, and therefore, this item is added
as Agenda Item No. 20A. Motion carried unanimously.
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| County
Dept. Reports
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The
Chairperson announced the County Department Report period. Mr. Andrew Remus, Yucca Mountain Coordinator, updated the
Board on Yucca Mountain Repository issues.
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| Introduction
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Ms.
Leslie Klusmire, Planning Director, introduced Ms. Annali Kiers, Planning
Technician to the Board.
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| Board
of Equal./ Training Workshop
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The
Chairperson recessed open session at 9:35 a.m. to convene in a workshop
with the Assessor and County Counsel to receive training on the functions
and duties for the County Board of Equalization.
The Chairperson recessed the workshop at 10:40 a.m. to reconvene in
open session, with all Board Members present.
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| Rd.
Dept/Mobile Radio P.O.
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Moved
by Supervisor Arcularius and seconded by Supervisor Cash to authorize a
purchase order in amount not to exceed $2,812.75 for the purchase of five
(5) mobile radios to Nielsen’s Equipment Maintenance and Communication
of Mammoth Lakes. Motion carried unanimously.
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| Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 10:41 a.m., reconvening at
10:47 a.m., with all Board Members present.
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| BofS/Conn
Appeal Fee Refund
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Moved
by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize a
$300 refund to Mr. and Mrs. Richard Conn, for the 12-18-01 Appeal of the
Planning Commission Approval of Tentative Parcel Map #250/Laverty and
direct that the fee for future appeals regarding the Laverty parcel map be
reinstated. Motion carried
unanimously.
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| CAO-Purchasing/
Night Vision Goggles P.O.
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cervantes to award of Bid #2004-04 and authorize the
purchase of twenty-two (22) night vision goggles with protective cases
from American Technologies Network, Corp., in an amount of $8,404.00 plus
tax. Motion carried
unanimously.
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| CAO-Personnel/
Juliff Contract
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
contract between the County of Inyo and Ronald J. Juliff for personal
services as the County Administrative Officer, at a monthly salary of
$8,000.00, including the waiver of the County medical benefit, for the
period of January 29, 2005 through January 28, 2006, contingent upon
appropriate signatures being obtained and authorize the Chairperson to
sign. Motion carried
unanimously.
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| Resol.
#2005-02/ Appt. Officials Salary
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On
a motion by Supervisor Bilyeu and a second by Supervisor Cash, Resolution
No. 2005-02, entitled “A Resolution of the Board of Supervisors, County
of Inyo, State of California, Rescinding Resolution 2004-62 and Setting
Salary and/or Terms and Conditions of Employment for Appointed Officials
Employed in the Several Offices or Institutions of the County of Inyo,”
was adopted: motion unanimously passed and adopted.
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| P.W./Parcel
Map 354 Approval
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The
Board and Staff discussed the availability of Map 354 for review prior to
approval. The Board concurred
with current policy to have the maps available for review in the Clerk of
the Board’s Office. Moved
by Supervisor Cervantes and seconded by Supervisor Bilyeu to approve
Parcel Map No. 354; rejecting the Offer of Dedication for road purposes
the 22 feet wide right of way for East Pangborn Street as shown on the map
and accepting the Offer of Dedication for road purposes the east half of
Lasky Lane as shown on the map, was adopted.
Motion
carried unanimously.
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| Resol.
#2005-03/ Public Auction Time Period
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On
a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution
No. 2005 -03 entitled “A Resolution of the Inyo County Board of
Supervisors applying the five-year time period for the offer of sale at
public auction of tax-defaulted properties to tax-defaulted nonresidential
commercial property pursuant to the provisions of Section 3691(a)(1)(B) of
the California Revenue and Taxation Code, ” was adopted: motion
unanimously passed and adopted.
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| Resol.
#2005-04/ Investment Authority
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On
a motion by Supervisor Arcularius and a second by Supervisor Bilyeu,
Resolution No. 2005-04,
entitled “A Resolution of the Board of Supervisors of the County of
Inyo, Delegating to the Inyo County Treasurer its Investment Authority
pursuant to Section 53607 of the Government Code,” was adopted: motion
unanimously passed and adopted.
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| Treasurer/
Investment
Policy
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The
Treasurer Tax Collector reviewed the County’s Treasury Investment
Policy. Moved by Supervisor
Bilyeu and seconded by Supervisor Arcularius to approve the Inyo County Treasury Investment Policy.
Motion carried unanimously.
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| P.W./Highway
395 High Priority Corridor Designation
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Mr.
Ron Chegwidden, addressed the Board to request that the consideration of
the Post Agenda Item, for the Board to send a letter to Congress McKeon
supporting the Eastern California Transportation Planning Partnership’s
request to identify the portion of Highway 395 between Reno, NV and
Interstate 15 in Hesperia, CA, as a High Priority Corridor be pulled.
Mr. Chegwidden explained that after discussions with the
Congressman’s Office the need for expediency on this item had been
eliminated.
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| CAO-Budget/Mid-Year
Review
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The
County Administrator reviewed the Mid-Year Budget Report in detail.
The CAO requested an additional consideration for a change in the
recommendation for the Auditor-Controller, increasing the appropriation
for travel to $3,000. The Board and Staff discussed the report and the
recommendations contained in the report in detail and in-depth.
Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) accept the 2004-05 Midyear Budget Report as
presented; B) approve the specific budget action items and recommendations
detailed in the report and amended to include a $3,000 appropriation in
the Auditor-Controller’s travel budget; C) stress
saving to maximize the year-end Fund Balance; D) continue to take a
critical and careful look before filling vacant positions; E) take a very
critical and cautious approach before re-instating any of the positions
eliminated or reduced as a result of the Separation Incentive Plan, and F)
direct Purchasing to work with departments as necessary to evaluate any
large acquisitions deferring them or eliminating them when possible.
Motion carried unanimously.
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| Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 12:45 p.m., reconvening at
1:45 p.m., in a workshop, with all Board Members present.
Prior to convening in the workshop, the Chairperson announced that
the Board would meet in closed session immediately after the conclusion of
the workshop.
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| Water/
Workshop
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The
Board met in a workshop with Staff for the purpose of receiving information on the history and
current status of the Inyo/Los Angeles Long Term Water Agreement, the
Lower Owens River Project and the Memorandum of Understanding.
The Chairperson recessed the workshop at 2:50 p.m., to convene in
closed session, with all Board Members present.
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| Closed
Session
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The
Board met in closed session to consider Agenda Items No. No.
21. PERSONNEL [Pursuant to Government Code § 54957].
Public Employee Appointment - Title: Director of Public Works; No.
22. CONFERENCE WITH LABOR
NEGOTIATOR [Pursuant to Government Code § 54957.6].
Instructions to Negotiators re:
Wages, salaries and benefits -
Title: Director of Public Works - Negotiator: Members of the Board
of Supervisors as designated; No. 23.
PERSONNEL [Pursuant
to Government Code § 54957]. Public
Employee Appointment - Title: Director
of Environmental Health; No. 24. CONFERENCE
WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §
54956.9(a)]. Sierra Club v. City of Los Angeles,
Los Angeles Department of Water and Power, Inyo
County Superior Court Case No. SICVCV01-29768; No. 25.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant
to Government Code § 54956.9(a)].
Sierra Club v. City of
Los Angeles, Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVPT04-37217 (Writ of
Mandate); and No. 26. CONFERENCE
WITH LEGAL COUNSEL –EXISTING/ ANTICIPATED LITIGATION [Pursuant to
Government Code § 54956.9(a)(c)]. One Case - Dispute Resolution initiated on December 10, 2004
by the Sierra Club, OVC, State Lands Commission, Department of Fish and
Game under the 1997 Memorandum of Understanding between the City of Los
Angeles Department of Water and Power, the County of Inyo, the California
Department of Fish and Game, the State Lands Commission, the Sierra Club,
the Owens Valley Committee, and Carla Scheidlinger.
The Chairperson recessed closed session at 4:30 p.m., to reconvene
in open session with all Board Members present.
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| Announcement
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The
Chairperson announced that the Board would be continuing the January 25,
2005, Board Meeting to 9:00 a.m., Friday, January 28, 2005, in the Board
of Supervisors Room, at the County Administrative Center in Independence
to discuss Agenda Item No. 12.
COUNTY
ADMINISTRATOR - Provide
direction to staff on the implementation of Measure A before considering
whether to remove personnel responsibility from the County Administrative
Officer and create a new Personnel Director position responsible for the
Personnel Department and Agenda Item No. 14. PUBLIC
WORKS - Request
Board review the proposed adjusted water rates for the town water systems
and direct the Public Works Department to proceed with revision of County
Ordinance No. 1008 to implement the adjusted rates, contingent upon legal
review by County Counsel.
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| Org./Cal
Expo Exhibit
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Mr.
Rich White, representing the Chambers of Commerce reviewed the request for
approval of this year’s Cal Expo Exhibit, as well as to ask for $1,500
more to cover the travel expenses because the Fair has been extended to a
third week. Moved by
Supervisor Arcularius and seconded by Supervisor Cash to take the following actions regarding the 2005 Cal
Expo Exhibit: A) designate the Bishop Chamber of Commerce as the lead
agency for the 2005 Cal Expo Exhibit and designate Wayne Carpenter as the
representative to receive, on behalf of the County, any award money; B)
direct Staff to prepare the appropriate budget language for next year,
increasing the amount by $1,500 for additional travel, as needed, to
provide any award money to the Bishop Chamber of Commerce; and C) approve
the 2005 California State Fair Cal Expo Exhibit Form; and authorize the
County Administrator to sign on behalf of the County. Motion carried unanimously.
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| P.W./Rd.
Mainten-
ance
Position
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to waive the hiring freeze and authorize the
filling of a Road Maintenance Supervisor position at Range 66
($2,922-$3,557). Motion
carried unanimously.
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| Treasurer/Salary
Increase
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The
Treasurer-Tax Collector provided additional justification for his request
for a salary increase, The
Board, Staff and Mr. Treacy discussed the Treasurer’s request, with the
Board expressing a desire to consider establishing a non-subjective
approach to setting salaries for elected officials including a
establishing a methodology for salary comparisons.
The Treasurer agreed to have his request for
salary increase postponed, to be considered in conjunction with
consideration of the District Attorney’s request for a salary increase,
which was postponed last week. The Board directed to delay consideration
of the request by the Treasurer-Tax Collector for a salary increase; and
directed Staff to bring back for the Board’s consideration on or before
the first meeting in April, 2005, recommendations for a non-subjective
methodology and process to evaluate the salaries of County officials.
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| BofS/Minute
Approval
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The
request for approval of the minutes of the Board of Supervisors meeting of January 4, 2005,
was pulled at the request of the Clerk.
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| Closed
Session
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The
Chairperson recessed open session at 5:40 p.m., to convene in closed
session, with all Board Members present, to continue discussions on
previously identified closed session items.
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| Report
on Closed Session
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The
Chairperson recessed closed session at 6:30 p.m., to reconvene in open
session to receive a report on closed session.
County Counsel reported that the Board of Supervisors, in a
unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and
Cervantes voting yes, appointed Mr. Ron Chegwidden as the Acting Public
Works Director, at a salary of $6,500 per month, subject to the approval
of a Contract during open session at the next regularly scheduled Board of
Supervisors Meeting.
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| Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 6:30 p.m. to reconvene at 9:00
a.m., Friday, January 28, 2005, in the Board of Supervisors Room, at the
County Administrative Center, in Independence, with all Board Members
present.
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| BofS/Implementation
of Measure A
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The County Administrator, Mr. Rene Mendez,
reviewed the Staff Report on the request to provide direction to staff on
the implementation of Measure A before considering whether to remove
personnel responsibility from the County Administrative Officer and create
a new Personnel Director position responsible for the Personnel
Department. Mr. Mendez
reviewed the options and alternatives in detail and recommended that
should the Board desire to codify this Measure that it be worded to make
it as legally defensible as possible.
Supervisor Cash explained that the request for consideration of
implementation of Measure A and for consideration of establishing a new
Personnel Director were before the Board at her request and asked that the
consideration of establishing a new Personnel Director be pulled from
consideration until after the discussion regarding Measure A had been
resolved. The Board and Staff
discussed the options and alternatives available to the Board regarding
Measure A. Mr. Butch
Hambleton, Big Pine Resident, addressed the Board to oppose the
implementation of Measure A and to question Ms. Harry’s reference to
retaliation. He went on to
request that if the Board chooses to create a separate Personnel Director,
that the Board consolidate the Clerk/Recorder’s Office with another
County Department as defined by the State Constitution in order to provide
cost savings to the County to be used to place the question of a separate
Personnel Department before the voters and to ensure that the voters have
all of the information needed to make a decision on the reorganization. Mr. Michael Dorame, Lone Pine Resident, addressed the Board
to oppose implementation of Measure A.
Ms. Beverly Harry, Clerk/Recorder and Lone Pine Resident, addressed
the Board to support implementation of Measure A. Sheriff Dan Lucas addressed the Board to support previous
actions of the Board of Supervisors to effectively reorganize certain
departments and programs to provide better services in a more cost
effective way. Mr. Gale
Holbrook, Rocking K Resident, addressed the Board to oppose the
implementation of Measure A. The
Board and Staff continued to discuss the implementation of Measure A, with
Supervisors Bilyeu and Cervantes expressing their support for the legality
of the Measure, with Supervisor Cash supporting the legality of the
Measure, as well as having the issue of the constitutionality of Measure A
decided by a Judge, and with Supervisors Arcularius and Williams
expressing their desire to see Measure A resolved.
County Counsel, Paul Bruce, cautioned the Board with codifying the
Measure with dual pronged authority language if the desire of the Board is
to proceed with Court action. He
explained that if Court action is the direction of the Board, it would be
better for the Board to codify Measure A exactly as the voters passed it,
nothing more and nothing less. Moved
by Supervisor Arcularius and seconded by Supervisor Cash to direct the
County Counsel and County Administrator to bring back two draft
ordinances, one to codify Measure A as to its exact language, and
one to codify Measure A in its most defensible way, and have the Board
decide or make modifications to either or, or both, and bring back the way
of getting this before the Court, and also provide a cost analysis on
placing reorganizations before the voters.
Motion
carried unanimously.
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| Recess/
Reconvene
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The
Chairperson recessed open session at 11:30 a.m. to reconvene at 11:40
a.m., with all Board Members present.
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| P.W.-Town
Water System Rates
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The
Board and Staff reviewed the proposed adjusted water rates for the town
water systems and direct the Public Works Department to proceed with
revision of County Ordinance No. 1008 to implement the adjusted rates,
contingent upon legal review by County Counsel.
Mr. Joe Andrews, Independence Resident, addressed the Board to
support the CSD taking over the Independence System.
Mr. Joe Ruiz, Lone Pine Resident, addressed the Board to question
the justification of the Staff’s budget numbers.
Ms.
Nancy Masters, Independence Resident, addressed the Board to oppose any
increase and to question the current rates.
Mr. Dustin Hardwick, CRWA Representative, addressed the Board to
support Staff’s recommendations, explaining that a reasonable rate as
well as an adequate capitol improvement fund is required in order to
successfully complete the State’s permitting process.
Mr. Lefty Irwin, Bishop Resident, addressed the Board to support
the implementation of appropriate water rates and to oppose any type of
County subsidization of the rates unless it is applied equally throughout
the County. Ms. Arlene Grider,
Independence Resident, reaffirmed the Independence CSD’s desire to
assume the operations and maintenance of the Independence System.
Mr. Gale Holbrook, Bishop Resident, opposed subsidization of the
water systems. Supervisor
Cervantes reiterated his position of having the County subsidize the Water
Systems and opposing rate increases.
Moved by Supervisor Bilyeu and seconded by Supervisor Cash to, with
regard to increase rates for Town Water Systems, approve Option B of the
Staff recommendation, utilizing the HHS criteria for establishing
life-line eligibility, establishing the income threshold for life-line
eligibility at $21,000 per year and have a 50% reduction in the standard
residential rate for life-line eligible customers, and directe Staff to
proceed with the ordinance adoption process to set Town Water System
rates. Motion carried on a
four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu
voting yes, and with Supervisor Cervantes voting no.
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| Adjourned
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The
Chairperson adjourned the regular meeting at 1:30 p.m., to 9:00 a.m.,
February 1, 2005, 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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