Board Minutes - March 08, 2005

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County of Inyo

Board of Supervisors

 

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, March 8, 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 Bilyeu provided the Invocation, and Supervisor Cash led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  A representative of the Mammoth Area Mountain Bike Organization addressed the Board to support Congressman McKeon’s efforts to develop a moderate proposal for wilderness designation. 

 

County Dept. Reports

The Chairperson announced the County Department Report period.  Ms. Beverly Harry, Clerk/Recorder, invited the Board and other interested parties to try out the new voting system, which is being demonstrated in her office.  Sheriff Dan Lucas addressed the Board to comment on last week’s Agenda Item regarding the Sheriff’s Radio Network operations.  He expressed concern with the lack of communication between his office and the Board regarding this item; and briefly reported that he was fully aware of the problem with the system in the southeastern portion of the County; that the area was covered by other systems while the County’s system was being repaired;  and that the problem had been caused by inclement weather which had also hindered the repair.  The Sheriff went on to notify the Board that the repairs have been completed and the system is fully operational.

 

Org.-Wild Iris- Proclamation

The Chairperson announced that the request by Wild Iris for the Board to proclaim April as Sexual Assault Awareness Month, had been pulled and would be rescheduled for next week’s meeting.

 

HHS-Emg. Serv./ Satellite Phones P. O.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the purchase of three (3) satellite phones with one year prepaid service, from Comtech Communications in the amount of $3,223.36 plus tax.  Motion carried unanimously.

 

Water Dept./ Herbicide P. O.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the purchase of 55 gallons of Garlon 4 herbicide from Target Specialty Products and 480 gallons of Improved JLB Oil Plus, with dye and light pine scent, from Ranch Supply in amount not to exceed $9,042.56, not including tax and shipping.  Motion carried unanimously.

 

Auditor/Admin. Analyst Position

The Auditor-Controller, Ms. Leslie Chapman, addressed the Board to provide additional information and further justification for the request to add an Administrative Analyst position in the Auditor’s Office.  Ms. Chapman responded to questions from the Board regarding this position and the Department’s organizational chart.  In response to a question from Supervisor Cash, Ms. Chapman confirmed that she would in the future be requesting a reclassification of an Account Tech III position to a Fiscal Supervisor position, and that the reclassification was in essence a promotion.  Supervisor Cash expressed concern that the reclassification process was being used to circumvent the County’s promotion process.  Ms. Chapman explained that because the employee was a 35-hour a week employee, the promotion process would require the employee to work 40-hours, thus effectively reducing the salary of the employee, whereas the reclassification process allowed the employee to maintain the current work schedule.  Supervisor Cash indicated that she would look forward to further discussions regarding this when the request for reclassification was agendized for the Board’s consideration.  Supervisor Arcularius requested that future requests for new positions and/or reinstatement of SIP deleted positions also include a departmental organization chart.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) Increase authorized strength in the Auditor/Controllers Department by one Administrative Analyst III, Range 70 ($3,282-$3,989); B) Modify the hiring freeze and authorize the recruitment of the new position; and C) Upon filling of the position, decrease the authorized strength in the Auditor/Controller’s Department by one Account Technician II, Range 59 ($2,532-$3,078); and D) Amend the FY 2004-2005 County Budget as follows:  Increase estimated revenue in Budget Unit 010400 (Auditor/Controller- General) Object Code 4041 (Penalties on Delinquent Taxes) by $16,834 and increase appropriations in Budget Unit 010400 (Auditor/Controller – General),  Object Code 5001 (Salaried Employees) by $4,071, Object Code 5012 (Part-time salaries) by $1,210, Object Code 5021 (Retirement and Social Security) by $775, Object Code 5022 (PERS Retirement) by $623, Object Code 5031 (Medical Insurance) by $10,007, Object Code 5032 (Disability Insurance) by $148.  Motion carried unanimously.

 

Ag Comm./ Inspector Position

Mr. George Milovich, Agricultural Commissioner, addressed the Board to provide additional information and further justification for the request to fill a vacant position in his Department.  He confirmed that this is an authorized budgeted position.  Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to modify the hiring freeze by authorizing the filling of one Agricultural Biologist/Weights and Measures Inspector III, Range 67 ($3,055-$3,709).  Motion carried unanimously.

 

Ag Comm/Mosq. Abatement Assessment

Mr. George Milovich, Agricultural Commissioner, and a representative from the SCI Consulting Group reviewed the Final Engineer’s Report on the Mosquito Control and Disease Prevenion Assessment from SCI Consulting Group.  The Board, Mr. Milovich and the Consultant, discussed the proposed resolutions with the Board supporting the assessment rate at $19.00 per single family and establishing the $161,108 service amount.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to accept the Final Engineer’s Report on the Mosquito Control and Disease Prevention Assessment from SCI Consulting Group.  Motion carried unanimously.

 

Resol. #2005-09/ Prop 218 Ballot Procedure

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution 2005-09, entitled “A Resolution of the Board of Supervisors of the Owens Valley Mosquito Abatement Program, Adopting Proposition 218 Assessment Ballot Proceedings Procedures,” was adopted;  motion unanimously passed and adopted. 

 

Resol. #2005-10/ Assessment Ballot

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution 2005-10 entitled “A Resolution of Intention to Levy Assessments, Preliminarily Approving the Engineer’s Report, Providing Notice of a Public Hearing and the Mailing of Assessments Ballots,” was adopted with the services funded by the assessment set at $161,108 and the assessment rate set at $19.00 per single family: motion unanimously passed and adopted.  At the conclusion of the Board’s actions, the Agricultural Commissioner took the opportunity to remind the public to be extremely vigilant in protecting themselves when they venture out this mosquito season.  He explained that due to the high water levels there is already mosquito activity in areas of the County.  He told the people to cover up as much as possible and use mosquito repellant.  He went on to remind everyone that West Nile Virus was identified in the County last year and that statistics show the virus is more virulent in its second season after detection.

 

P.W.-Town Water Systems/Water Rate Ordinance

The Acting Public Works Director, Mr. Ron Chegwidden, reviewed the Staff report and recommendations regarding the water rates for the Town Water Systems.  The Chairperson opened the public hearing at 10:25 a.m., on a proposed ordinance entitled “An Ordinance amending the provisions of Title 4 of the Inyo County code by increasing the rates to be charged for water and water services supplied by the County in the communities of Independence, Laws and Lone Pine.”  The Board and Staff discussed the proposed increases, with Supervisor Cervantes reiterating his previous position that he opposes the increases, that the Long Term Water Agreement is not being followed because it says the water rates will be kept low and that he feels the costs for the systems should be covered through money received by the County from DWP.  There being no one from the public wishing to address the Board, the Chairperson closed the public hearing at 10:45 a.m.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) make a finding that the purpose of setting the water rates in the communities of Independence, Laws and Lone Pine is to meet the operating expenses of the County in providing water service and to provide funds for capital improvements to the existing systems; B) direct the Public Works Director to file a Notice of Exemption, as required by law; and C) Waive the first reading of the proposed ordinance entitled “An Ordinance amending the provisions of Title 4 of the Inyo County code by increasing the rates to be charged for water and water services supplied by the County in the communities of Independence, Laws and Lone Pine” and schedule March 15, 2005 at 10:30 a.m. in the Board of Supervisors Room, County Administrative Center, Independence, CA  as the time and date and place for enactment.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes, and with Supervisor Cervantes voting no.

 

BofS/IMACA Presentation

Mr. Daniel Steinhagen of IMACA made a short presentation on the Inyo Mono Advocates for Community Action (IMACA) and updated the Board on the group’s activities. 

 

BofS/Bronco Resources

Representatives of Bronco Resources addressed the Board to request approval of a resolution regarding the reclamation regulation requiring backfilling of open pit metallic mines and the impact this regulation is having on metallic open pit mining in California.  At the conclusion of the discussion, the Board directed Staff to prepare a letter to the Governor opposing the regulation and agendize it for Board consideration on March 15, 2005.

 

D.A./Deputy DA Position

Moved by Supervisor Cash and seconded by Supervisor Arcularius to modify the hiring freeze by authorizing the filling of one Deputy District Attorney I, Range 76 ($3,780-$4,597).  Motion carried unanimously.

 

Planning-Yucca Mtn./D.V. Grant Extension

Mr. Andrew Remus, Yucca Mountain Planning Coordinator, provided the Board with a copy of the proposed letter to the DOE requesting an extension of the Death Valley Regional Ground Water Monitoring Program Grant.  Moved by Supervisor Cervantes and seconded by Supervisor Cash to  approve the correspondence to the U.S. Department of Energy requesting the extension of the term of the grant for the Death Valley Regional Ground Water Monitoring Program by one year and the full funding of the grant to allow the County to complete the original scope of work; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./Civil Eng. Position

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to modify the hiring freeze and authorize the filling of a Civil Engineering Assistant, Range 71 ($3,132-$3,809).  Motion carried unanimously.

 

Probation/Group Counselor and Probation Officer Positions

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to modify the hiring freeze by authorizing the filling of the following vacancies:  two (2) Group Counselor, Range 52 ($2,152-$2,615) and one (1) Juvenile Deputy Probation Officer, Range 67 ($3,055-$3,709) and one (1) Adult Deputy Probation Officer, Range 67 ($3,055-$3,709).  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:55 a.m., reconvening at 1:00 p.m., with all Board Members present.

 

CAO/Deputy CAO

Econ Dev. And Budget

The County Administrator, Mr. Ron Juliff, provided additional information and further justification for the request to hire a Deputy CAO for economic development and budget.  The Board and Mr. Juliff discussed the proposed job description, with Mr. Juliff explaining why the educational requirements were needed. The Board and the CAO discussed moving the responsibility for land releases and land planning to the Planning Department and beefing up the grants administration responsibilities.   Moved by Supervisor Bilyeu and seconded by Supervisor Cash to suspend the modified hiring freeze and authorize the recruitment and filling of a vacant Deputy County Administrator/Economic Development/Budget position, Range 82 ($4,364-$5,299) and authorize the CAO to amend the job description as required and provide the Board with a copy of the amended job description.  Motion carried unanimously.

 

CAO/FAC Recommen-

dations For Network Funding

The Board and Staff discussed the Financial Advisory Committee’s recommendations for funding the County’s Network and Financial Systems Projects.  The Auditor-Controller, Ms. Leslie Chapman and the Treasurer-Tax Collector, Mr. John Treacy, provided additional clarification and responded to questions from the Board regarding the proposed financing for the projects.  Mr. Treacy also explained that the Board would need to adopt a resolution declaring its intent to reimburse the County for certain expenditures and up to a certain dollar amount for the project.

 

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2005-11, entitled “A Resolution of the Inyo County Board of Supervisors, State of California, Determining Its Intent to Reimburse Itself for Certain Capital Expenditures,” was adopted establishing the amount the County can reimburse itself for certain expenditures associated with the County’s Network and Financial Systems Projects to $750,000; motion unanimously passed and adopted.

 

Moved by Supervisor Cash and seconded by Supervisor Arcularius to authorize, no more than $10,000 for Bond Counsel assistance and direct the Financial Advisory Committee to come back as soon as possible with the formalized lease purchase agreement for the County’s Network and Financial Systems Projects, for Board approval.  Motion carried unanimously.

 

 

Integ. Waste/Fee Ordinance

The Deputy County Administrator, Mr. Chuck Hamilton, reviewed the revisions to the proposed ordinance increasing the solid waste disposal fees.  The Board and Staff discussed the revisions in detail and at length.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to direct Staff to begin the ordinance process to modify the County’s Solid Waste Fee Ordinance 1086, and further direct Staff to return at a future date with a discussion regarding increasing the franchise fee charged the County’s waste haulers and request in writing of the DWP, BLM and Forest Service to get information on the dumping problems which may occur and keep the Board informed as to their responses.  Motion carried unanimously.

 

BofS/Minute Approval At the request of the Clerk of the Board, the approval of the minutes of the February 22, 2005 Board of Supervisors Meeting was pulled from consideration. 

 

Dist.-No. Inyo Hospital/Consoli- dated Election

Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) Authorize the Inyo County Registrar of Voters, in accordance with Elections Code Section 10002, to render the services specified by Elections Code Section 10418 for the election called by the Northern Inyo Local Hospital District for June 7, 2005; and B) Order consolidation of the June 7, 2005 election called by Northern Inyo Local Hospital District with any other elections, if any, called on the same day, in the same territory, or in territory that is in part the same, in accordance with Elections Code Sections 10400 et. seq.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 3:05 p.m., to reconvene in closed session at 3:30  p.m., with all Board Members present, except Supervisor Cervantes, who had left the meeting immediately after the recess was called.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 21.  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. 22.  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. 23.  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; No. 24.  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; 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 and County of Inyo, Inyo County Superior Court Case No. SICVCV01-29768; No. 26.  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.  Agenda Items No. 27.  PERSONNEL [ PURSUANT TO GOVERNMENT CODE  SECTION 54957.6] – Public Employee Performance Evaluation, Title: Chief Probation Officer; and No. 28. CONFERENCE WITH LABOR NEGOTIATOR [ PURSUANT TO GOVERNMENT CODE SECTION 54957.6] – Instruction to Negotiators re: wages, salaries and benefits, Title: Chief Probation Officer, Negotiators: Members of the Boards of Supervisors as designated, were pulled from the agenda and not considered in closed session.

 

Report on Closed Session

The Chairperson recessed closed session at 6:05 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. 

 

Adjournment

The Chairperson adjourned the regular meeting at 6:05 p.m. to 9:00 a.m., Tuesday, March 15, 2005, at the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

 

 

                                                                                                ________________________________________
                                                                                               
Chairperson, Inyo County Board of Supervisors

   

Attest:   RON JULIFF
         Clerk of the Board

 

 

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