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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 8:00 a.m., on Tuesday, March 1, 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 Williams led the Pledge of
Allegiance.
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Public
Comment
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The
Chairperson announced the public comment period and there was no one
wishing to address the Board.
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| County
Dept. Reports
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The
Chairperson announced the County Department Report period.
Ms. Leslie Klusmire, Planning Director, addressed the Board to (a)
follow-up on a wilderness workshop, (b) inform the Board on the upcoming
Washington, D.C. trip regarding Yucca Mountain, (c) notify the Board that
there has been a substantial change in the Rovana project which will more
than likely trigger a new application; and (d) announce that there will be
a regional housing assessment meeting in Lone Pine.
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| Introduction
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The
County Administrator, Mr. Ron Juliff, took the opportunity to officially
welcome Mr. Marvin Moskowitz, the
new Environmental Health Director.
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Planning/Housing Task Force Appt.
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to appoint Ms. Lynne
Almeida to the Inyo County Valley Housing Task Force.
Motion
carried unanimously.
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Transit/Display Case P. O.
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to declare Design
Dimensions of Austin, Texas, as a sole-source provider of transit schedule
display cases and authorize the purchase of 75 display cases from Design
Dimensions, in an amount not to exceed $5,923 plus tax.
Motion
carried unanimously.
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HHS-Behavioral Hlth./AODS Office of Ed Contract
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the
Contract between the County of Inyo and the Inyo County Office of
Education for the provision of after school activities sustaining alcohol
and drug prevention efforts, for the period of March 1, 2005, through
October 31, 2005, in an amount not to exceed $49,000, contingent upon the
Board’s adoption of a FY 2005-06 County Budget; and authorize the
Chairperson to sign. Motion
carried unanimously.
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Closed Session
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The
Chairperson recessed open session at 8:10 a.m., to convene in closed
session to discuss Agenda Items No. 17.
CONFERENCE
WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions
to Negotiators re: wages, salaries and benefits – Employee Organization
– ICEA – Negotiators – County Administrator and Personnel Analyst;
No. 18. CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to Government Code Section 54957.6) - Instructions
to Negotiators re: wages, salaries and benefits – Employee Organization
– Deputy Sheriff’s Association (DSA) – Negotiators – County
Administrator and Personnel Analyst; No. 19.
CONFERENCE
WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions
to Negotiators re: wages, salaries and benefits – Employee Organization
– Law Enforcement Administrators’ Association (LEAA) - Negotiators –
County Administrator and Personnel Analyst;; and No. 20. CONFERENCE
WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions
to Negotiators re: wages, salaries and benefits – Employee Organization
– Elected Officials Assistant Association (EOAA) – Negotiators –
County Administrator and Personnel Analyst.
The Chairperson recessed closed session at 9:45 a.m., to reconvene
in open session, with all Board Members present.
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| Sheriff/Correction
Officer Salary Adjustment
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With
regard to the Board’s further consideration to authorize the equity
adjustment for the position of Correctional Officer in the Sheriff’s
Department from ranges 52, 56, and 59 to Range 64 ($2,846 - $3,460) to be
funded through AB443 grant funds a recruitment incentive of $1,500 for new
Correction Officers who successfully complete existing probation
requirements, the Chairperson announced that the Board had directed that
negotiations with the union be re-opened on the current MOU to address the
issue of equity adjustment for the Correction Officers.
The Sheriff updated the Board on the situation at the jail,
explaining that he is currently seeking volunteers from the deputies to
cover the shifts at the jail and if that is unsuccessful, he will be
forced to make the assignments. He
also notified the Board that he is proceeding with arrangements to house
female detainees in Kern County, in order to secure that option should it
become necessary. The Sheriff went on to provide detailed information on
staffing levels and changes in operations.
The Board thanked the Sheriff for the update.
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| Sheriff/Radio
Network
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Supervisor Cervantes
explained that he had brought the request for a discussion regarding the
cause of the Sheriff’s Radio Communications failure in the Fifth
District in order to find out what was wrong, what steps are being taken
to correct the problem and to find out what type of warranty is provided
for the equipment. The Board
and Staff discussed the past practice of the Board regarding the
information gathering processes prior to placing an item on the Agenda.
At the end of the discussion the County Administrator indicated
that he would coordinate with the appropriate departments to bring back a
report on the network, to include the specific concerns identified during
this discussion.
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| P.W./DBE
Program
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Moved
by Supervisor Bilyeu and seconded by Supervisor Cash to approve the Annual
Overall Goal Information for Federal Fiscal Year 2004-05 for the Inyo
County Disadvantaged Business Enterprise Program.
Motion
carried unanimously.
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| Transit
Prgm./ Bus Repair
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Moved
by Supervisor Cash and seconded by Supervisor Bilyeu to A) amend the
2004-05 County Budget as follows: (a) authorize the transfer of $4,800
from the Transit Program Insurance Deductible Trust Account #612501 to the
Transit Program Budget Unit 153101; and (b) increase estimated revenue in
Transit Program Budget Unit 153101, Miscellaneous Revenue (Revenue
Code #4959)
by
$4,800 and increase appropriations in Maintenance of Equipment (Object
Code #5171)
by
$4,800;
and
B) ratify the emergency repair of one transit bus and approve a purchase
order to Inyo Mono Body Shop for the repair of the bus in an amount not to
exceed $4,800. Motion
carried unanimously.
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| Integ.
Waste/ Solid Waste Fee Ordinance
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The
Deputy County Administrator, Mr. Chuck Hamilton, reviewed the proposed
modifications to the Solid Waste Fee Ordinance in detail and at length.
The Board requested that additional changes be made to incorporate
an expanded definition for the term “construction and demolition
debris” to differentiate between debris generated by contractor
construction projects and small home remodeling projects, as well as to
allow for reduced rates for thrift shops.
Mr. Hamilton indicated that he would rework the ordinance language
and bring it back for further consideration by the Board
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| BofS/LTWA
Review
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Supervisor
Cervantes reviewed his request to have a review of the Long Term Water
Agreement to determine any impacts that Boards of Supervisors or City of
Los Angeles’ actions may have had on the environment, economy and the
people of Inyo County, to be conducted by an independent law firm to be
retained by the County that is well versed in the Government Code and CEQA
law. He clarified that now he
was not requesting an independent review by a law firm because of the
potential cost of such a review. He
went on to suggest that the Board sanction the formation of a group of
community members similar to the recent task forces which have been formed
to address housing and the Southern Inyo Hospital to perform an
independent review of the actions. The
Board and Staff discussed the ability of any group to take on such a
review as well as the level of Staff involvement in such a review.
Mr. Paul Lamos and Ken Lloyd of the Inyo County Water Commission
addressed the Board to express concern with the amount of staff time,
which would be dedicated to this review, as well as the staff costs.
Mr. Gale Holbrook, Bishop Resident, asked that if a task force is
formed for this review that it be representative of all areas of the
County and not just a special interest group.
The Board expressed concerns with an open-ended review, expressing
their desire to identify the scope of such a review.
The Board and Staff discussed the ability of the public to form
committees, as well as the level at which the County should be involved in
a review. At the conclusion
of the discussion, the Board took no action on this request.
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| BofS/Minute
Approval
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Supervisor
Arcularius asked that the word “direction” in the fourth paragraph on
the second page be changed to “direct”.
Moved by Supervisor Arcularius and seconded by Supervisor Cash to
approve the minutes of the February 15, 2005, Board of Supervisors Meeting
as corrected. Motion
carried unanimously.
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Recess/
Reconvene
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The
Chairperson recessed open session at 12:10 p.m., to reconvene at 1:30
p.m., in a workshop with all Board Members present.
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HHS/Workshop Hlth Revenues
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The
Board met in a workshop with Health and Human Services Staff on health revenues.
The Chairperson recessed the workshop at 2:05 p.m., to reconvene at
2:10 p.m., in closed session, with all Board Members present.
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Closed Session
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The
Board reconvened in closed session to continue discussions on the
following: Agenda Items No. 21. 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 and
County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; and
No. 22. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Pursuant to Government Code § 54956.9(a)] – Inyo Citizens for
Better Planning v. Inyo County; Inyo County Board of Supervisors et al.,
Inyo County Superior Court Case No. SICVPT05-38164. The Chairperson
recessed closed session and the regular meeting at 4:08 p.m., reconvening
at 5:30 p.m., with all Board Members present.
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Public Comment/ Water Director
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The
Chairperson called for public input on the Water Director traits,
qualifications, etc. Ms. Ellen Hardebeck, President of the League of Women
Voters, indicated that the qualified candidate must have strong
administration skills, can get the job done, and have the necessary
science and maybe engineering background.
Ms. Hardebeck also suggested that the Water Commission be made a
part of the hiring process. Ms.
Kenny Scruggs, a lawyer and Independence Resident, said that she felt the
Director did not need to be a lawyer and the candidate needs to be a good
administrator in combination with having the necessary science knowledge.
She also expressed her opinion that more public information and
input is required regarding water issues.
She went on to suggest that the County establish a “war fund”
that would be committed to defending the County’s water position, as
well as additional County funds being committed to the Water Department to
protect the agreement and the County.
Mr. John Klusmire, Inyo Register Reporter and Bishop Resident,
asked for clarification if the Job Description, which was approved by the
Board, was the one being used by the “Head Hunter?”
Mr. Mike Prather, Lone Pine Resident, said it was in the best
interest of both the DWP and the County to make the Water Agreement work.
He said that the Director needed to be able to summarize Staff
information for planning purposes and had to have strong administration
skills. He went on to suggest
a two-pronged approach, with one being long-term strategy and working with
the City Mayor and DWP. Mr.
Scott Kemp, Independence Resident and a representative of the Inyo Mono
Ranchers Association, recommended the Director have strong administration
skills, with the ability to work cooperatively with others.
He went on to express his concern with the Water Department Staff,
explaining that it was his opinion that Staff appears to be working
against DWP. He said that he felt staff should be working on monitoring
and not creating habitat. The
Board thanked those from the public attending the meeting and for their
input. The Chairperson
recessed the regular meeting at 6:30 p.m., to reconvene at 7:00 p.m., in a
workshop. Supervisor
Arcularius explained that she felt the Water Director Job Description,
which is currently being used, addresses the concerns identified in this
discussion.
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P.W./Town Water System-Indy CSD Workshop
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The
Board met with the Independence Community Services District Board to
discuss the transfer
of the Independence Town Water System.
The Chairperson recessed the workshop at 7:55 p.m., to reconvene in
open session, to receive a report on closed session.
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Report on Closed Session
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County
Counsel reported that with regarding to Agenda Item No. 22. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
[Pursuant to Government Code § 54956.9(a)] – Inyo Citizens for
Better Planning v. Inyo County; Inyo County Board of Supervisors et al.,
Inyo County Superior Court Case No. SICVPT05-38164, which is an action by
an unincorporated association called the inyo Citizens for Better Planning
against the County of Inyo, Inyo County Planning Commission and the Inyo
County Planning Department seeking declaratory and injunctive relief and a
writ of mandate relating to the Board of Supervisors’ denial of appeal
of the approvals of lot splits TMP 357 (Core and TMP 358 (Shane) and the
Board of Supervisors’ approval of a general plan amendment on February
1, 2005, clarifying the definition of “net acreage, the Board by a
unanimous vote, with Supervisors Arcularius, Cervantes, Bilyeu, Williams
and Cash voting yes, directed the Office of County Counsel to defend the
County, the Board of Supervisors, the Planning Commission and the Planning
Department in this litigation.
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Adjournment
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The
Chairperson adjourned the regular meeting at 8:00 p.m., to 9:00 a.m.,
March 8, 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: RON
JULIFF
Clerk of the Board
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