Board Minutes - March 15, 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 8:30 a.m., on Tuesday, March 15, 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.

 

 

Public Comment

The Chairperson announced the public comment period.  Ms. Sonny Hoover of the Quality of Life Group addressed the Board to ask that their proposal for the lease of the Big Pine Care Facility be fast tracked.  She expressed the group’s concern that the building is continuing to deteriorate while the evaluation process is proceeding.  Mr. Brad Goans, representing the Friends of the Tecopa Hot Mineral Springs, presented the Board with a proposal regarding the Hot Springs and requesting the opportunity to talk with the Board Members individually about the proposal.  Mr. Francis Pedneau, Lone Pine Resident, addressed the Board concerning the closure of Haiwee Reservoir.

 

County Dept. Reports

The Chairperson announced the County Department Report period.  Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the meetings scheduled in Bishop, Lone Pine and the Tecopa area on the expenditure of Prop 63 funds.  She also updated the Board on a California Welfare Director’s meeting she had attended.  The County Administrator updated the Board on DWP land releases in the communities of Independence, Big Pine and Laws.  Mr. Ron Chegwidden, Acting Public Works Director, informed the Board of an Owens Valley Railway Company project-scoping meeting.  Mr. Arden Wallum, Acting Water Director, informed the Board that DWP has taken it upon themselves to hire a consultant to evaluate the methodology used to establish pumping criteria.  He explained that this was a unilateral decision by the Department, which did not comply with the Long Term Water Agreement, which identifies the methodology in the Green Book as to the process, which will be utilized.  He explained that he was advising the Board of this issue because the Department will be conducting meetings throughout the Valley and he wanted the Board to know that the County’s Water Department has not been involved at any level with any of the findings regarding information which may be made public at these meetings. 

 

Org.-Wild Iris Proclamation

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to proclaim April as Sexual Assault Awareness Month.  Motion carried unanimously.

 

P.W./DWP License Agreement

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the renewal of License Agreement between the County of Inyo and the City of Los Angeles Department of Water and Power for the fence on County Road and the light standard on LADWP property in the community of Big Pine; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Planning/Latir Energy Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and Latir Energy Consultants amending the scope of work and the amount of the Contract; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Hlth Serv./ So. Inyo Hlth Care Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve Amendment No. One to the Contract between the County of Inyo and Southern Inyo Healthcare District to a) extend the term of the contract to June 30, 2005, (b) increase the total by $5,000 to an amount not to exceed $18,000 and c) increase the monthly payment from $2,500 to $3,500 for the period of April 1, 2005 through June 30, 2005; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Transit/Eastern Sierra Motors P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to ratify and approve the purchase order to Eastern Sierra Motors, Inc., in an amount not to exceed $4,132.32 for the repair of one transit bus.  Motion carried unanimously.

Emergency Serv./PIO MOU

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the Memorandum of Understanding between the public, private and federal entities comprising the Inyo County Interagency PIO Team; and authorize the County Administrator to sign on behalf of the County.  Motion carried unanimously.

 

CAO-Purchasing/

Computer P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to A) reject the bid submitted by Jaquar Computer Systems for items 1, 3, and 4 of Bid No. 2004-05 for computers; and B) award the bid for and authorize the purchase of items 2, 5 through 8 of Bid No. 2004-05 for computers and printers as follows: item 2 to Jaquar Computer Systems and items 5 through 8 to Hewlett Packard as recommended by Staff.  Motion carried unanimously.

 

Fish & Game/ Alternate Appointment

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to appoint Joe Pecsi to the voting alternate position on the Inyo-Mono Fish and Game Advisory Commission to complete an unexpired term ending July 1, 2008.  Motion carried unanimously.

 

BofS/Letter Re: Mining Reclam. Rule

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the letter to the Governor requesting continued support of the State Mining and Geology Board, and the appointment of members to that Board who have the ability to take a balanced and common sense approach to the issues of environmental protection, site remediation and continued metal mining in California; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./B.P. to D.V. Road Project

The Board and Staff discussed the proposed Program Supplement for the Big Pine to Death Valley Road.  Mr. Ron Chegwidden, Acting Public Works Director, explained that the Program Supplement was to reimburse the County for the feasibility study.  Mr. Chegwidden confirmed that neither the National Parks Service nor Caltrans has showed any interest in pursuing this project.  Supervisor Cervantes questioned the cost of the project, including the cost for the EIR.  Supervisor Bilyeu explained that he was concerned with the cost of the project and the amount of Staff time, which would have to be dedicated to the project.  Supervisor Arcularius reminded the Board that Congressman Lewis’s office had been instrumental in getting the funding for this phase of the project at the request of the County.  She explained that it was imperative, in order to maintain the County’s credibility and secure the Congressman’s continuing support to advise the Congressman of the County’s decision to not pursue this project.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to not adopt a resolution approving Program Supplement No. M009 to Administering Agency – State Agreement for Federal-Aid Projects for the Big Pine to Death Valley Road and direct staff to prepare a letter for the Chairperson’s signature to Congressman Lewis advising the Congressman of the County’s decision to no longer pursue funding for this project.  Motion carried unanimously.

 

CAO-Econ. Dev./ Lumos & Assoc. Contract – Darwin CDBG Project

The County Administrator, Mr. Ron Juliff, provided a brief update on the status of the County’s CDB Grant for the Darwin water system.  Ms. Kathy Goss and the President of the Darwin CSD addressed the Board to express their dissatisfaction with the County’s handling of this grant.  In response to a question from the Board the President of the CSD confirmed that rather than put their project at risk they would support the ratification of the Contract between the County of Inyo and Lumos and Associates for work on their system. The County Administrator, Mr. Ron Juliff, explained that the cost for all of the things identified in the project exceed the funds provided for in the grant and that was the reason for the change in project.  He also confirmed that the County will, in qualifying for future CDBG Grants, be judged on how well they handle and complete this project.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to ratify the Contract between the County of Inyo and Lumos and Associates for personal services for the provision of water system improvement design and construction oversight in the Community of Darwin for the period of February 3, 2005, through October 1, 2005, in an amount not to exceed $35,700, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Transit/FTA Funds

The Chairperson opened the public hearing at 10:25 a.m., to receive testimony on a Transit Program Application for Federal Transportation Act (FTA) grant funds to purchase a replacement bus.  Ms. Monika Watterson, Transit Program Director, reviewed the Staff report and recommendations regarding the application for FTA funds.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:28 a.m.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to certify that there are no non-profit organizations readily available in Inyo County to provide the transportation currently provided by Inyo-Mono Transit.  Motion carried unanimously.

 

Resol. #2005-12/ FTA Grant App.

On a motion by Supervisor Arcularius and a second by Supervisor Cash, Resolution No. 2005-12 was adopted, authorizing the submission of the grant application and authorizing the Transit Program Director to sign: motion unanimously passed and adopted.

 

Ord. 1093/Town Water Rates

Supervisor Cervantes reiterated why he was opposing the ordinance increasing the rates charged the users of the Town Water Systems.  On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Ordinance 1093 was adopted, 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: motion passed and adopted on a four-to-one vote, with Supervisors Arcularius, Cash, Williams, and Bilyeu voting yes, and with Supervisor Cervantes voting no.

 

BofS/McKeon Ltr. Re: Funding Network & Animal Shelter Projects

The Board and Staff discussed the proposed letters to the County’s Federal Legislators regarding federal funding for County projects.  The Board requested that the letters to the Senators and Congressman Lewis be changed to incorporate the information contained in the second paragraph of Congressman McKeon’s letter, as well as to have Congressman McKeon’s letter “cc’d” to the others.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the letters to Congressman Buck McKeon requesting he secure federal appropriations for a new Animal Shelter and to purchase the hardware for the Network Project and to Senators Feinstein and Boxer and Congressman Jerry Lewis, Chairman of the House Appropriations Committee, as amended, requesting they support Congressman McKeon’s efforts.  Motion carried unanimously.

 

Water Dept./Indy Regreening Project

The Board, Staff and members of the audience, including Mr. Darrell Odum, Ms. Loralee Cole, Mr. Robert Mannatt, Ms. Arlene Grider, Mr. Chris Reisen, Ms. Nancy Masters, and Mr. Paul Lamos discussed the Independence East Side Re-Greening Project.  Prior to the Board taking action on this item, the Chairperson recessed the regular meeting at 12:20 p.m., to convene in closed session, with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No.  27.  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. 28.  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. 29.  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. 30.  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. 31.  PERSONNEL [PURSUANT TO GOVERNMENT CODE SECTION 54957.6] – Public Employee Performance Evaluation, Title: Director of Planning; No. 32.  CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) – Decision Whether to Initiate Litigation - One Case – Independence East Side Re-greening Project Dispute between LADWP) and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; No. 33.   PENDING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Conference with

with Legal Counsel (Existing Litigation) – Ellen Mannatt, Robert Mannatt, Bruce Mather and Mary Mairs v. United States of America, et al., Inyo County Superior Court Case No. 22697: and No. 34. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 5496.9(a) – Inyo County Citizens for Better Planning v. Inyo County; Inyo County Board of Supervisors et al., Inyo County Superior Court Case No. SCIVPT05-38164.  The Chairperson recessed closed session at 1:55 p.m., to convene in open session, with all Board Members present to continue the discussions on the Independence Regreening Project. 

 

Water Dept./Indy Regreening Project (Cont’d.)

The Board, Staff and Members of the audience continued to discuss the Independence Regreening Project, including the Sports Complex concept and the County’s involvement in that project.  The Board and Staff discussed the County’s level of involvement with the Board indicating their willingness to provide insurance coverage for the Sports Complex for a certain period of time in order to give the proponents sufficient time to establish either a non-profit or to have the CSD take over the responsibility of the project. 

 

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to request the LADWP Board of Water and Power Commissioners to withhold approval of the Independence East Side Regreening Project and the MND, to modify the project and the MND to include modification of the site to allow a sports complex and stables/corrals as identified in the October 26, 2004 Board of Supervisors letter to DWP, and to re-circulate the modified MND for public comment for an additional 30 days and further direct that the County will participate in the sports complex project for a 5-year period during which time the proponents will need to form a non-profit or provide for the Independence CSD to take responsibility for the project.  Motion carried unanimously.

 

Planning-Yucca Mtn./Liebert Contract

 

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Liebert Cassidy Whitmore, a professional law corporation for grant management services for the Yucca Mountain Program, in an amount not to exceed $35,000, contingent upon the Board’s adoption of a 2005-06 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

Planning-Yucca Mtn./Oversight Plan Mr. Andrew Remus, Yucca Mountain Project Coordinator, presented the Board with a copy of the Oversight Plan for which he was seeking approval.  Supervisor Cash indicated that she was unable to support and/or not support a Plan, which she had not had the opportunity to review thoroughly.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Inyo County Yucca Mountain Oversight Support Plan, and direct Staff to return in April with an in depth review of the 6-year Plan and the time-line for when the Plan will be implemented.  Motion carried on a four-to-one vote with Supervisors Arcularius, Williams, Bilyeu and Cervantes voting yes, and with Supervisor Cash voting no.

 

Planning-Yucca Mtn./Work Plan Mr. Andrew Remus, Yucca Mountain Project Coordinator, presented the Board with the Oversight Work Plan.  Mr. Remus, and Ms. Leslie Klusmire, Planning Director, reviewed the Plan and the proposed DOE funding request in detail.  Supervisor Cash reiterated her previous position regarding approving something she had not had the opportunity to review.  Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the revised FY 2005 Inyo County Yucca Mountain Oversight Work plan and authorize staff to submit the Work plan and associated funding request to the U. S. Department of Energy.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Williams, Bilyeu and Cervantes voting yes, and with Supervisor Cash voting no. 

 

Planning-Yucca Mtn./AULG Funding Distribution

Mr. Andrew Remus, Yucca Mountain Project Coordinator, and Ms. Leslie Klusmire, Planning Director, reviewed Staff’s recommendations regarding discussions with the nine other AULG’s regarding the distribution of Oversight funding.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to direct Staff to continue to lobby for the County’s full 7.49% distribution of the DOE funding for the Congressionally-appropriated FY 2005 Yucca Mountain Oversight funding.  Motion carried unanimously.  Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to direct Staff to submit the Work Plan as adopted for DOE approval.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Williams, Bilyeu and Cervantes voting yes, and with Supervisor Cash voting no. 

 

Planning/AULG Commissions re Funding Distribution

Mr. Remus presented the Board with a draft of a letter to the Commissions of the nine Nevada counties designated as Affected Units of Local Government under the Nuclear Waste Policy Act,  updating those commissions on Inyo County progress toward resolving the FY 2005 Yucca Mountain Oversight funding distribution issue.  Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve the letter to the Commissions of the nine Nevada AULG’s re: 2005 funding distribution as submitted.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Williams, Bilyeu and Cervantes voting yes, and with Supervisor Cash abstaining.

 

Planning/Beech, Clark, Dosch, Brown and Klinger Contracts

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) approve reimbursement contracts between the County and the following individual parties who are applicants or potential applicants in the Starlite Area: Robert Beech, Mr. and Mrs. Clark, Mr. and Mrs. Dosch and Stacey Brown and Ceal Klinger (Wells-Harboldt, LLC), and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and B) determine that the proportionate cost of this EIR shall be born by the named parcels should the tentative map applications be withdrawn and submitted in the future as part of the cost of the future applications.  Motion carried unanimously.

 

 

County Counsel/ Schain and Core Reimbursement Contracts

Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) approve the Agreements between the County of Inyo and Charles and Eileen Schain, and James and Mary Core, for the reimbursement of Inyo County for defense litigation costs, and authorize the Chairperson to sign on behalf of the County; B) recognize $40,000 in unanticipated revenue from the Schaine and Core Agreements and amend the County Budget by increasing County Counsel Budget Unit 010700, Services and Fees (Object Code #4819) by $40,000 and increase appropriations in Professional and Other Services (Object Code #5265) by $40,000 (4/5’s vote required); and C) approve the Agreement between the County of Inyo and Liebersbach, Mohun, Carney & Reed for the provision of legal services in advising and representing the County of Inyo, its Board, Planning Department and Planning Commissioners as defendants in Inyo Citizens for Better Planning v. County of Inyo et al., for the term of March 15, 2005, through the completion of the lawsuit, in an amount not to exceed $50,000, contingent upon the Board’s adoption of a FY 2005-06 budget; and authorize the Chairperson to sign. Motion carried unanimously.

 

Integ. Waste/ Waste Hauler Franchise Fee

Mr. Chuck Hamilton, Deputy County Administrator, reviewed the statistics relative to the annual franchise fee paid by the permitted waste haulers in Inyo County.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to direct staff to begin the process to amend the ordinance to increase the annual franchise fee currently charged to permitted waste haulers operating in Inyo County from 2% to 5%.  Motion carried unanimously.

 

Integ. Waste/ Equipment Operator Position

The Deputy County Administrator provided additional information and further justification for the request to reinstate an Equipment Operator I position which had been eliminated when the SIP was offered.  Mr. Hamilton explained that current coverage requirements of the State are not being met because of insufficient staffing and the State is contemplating fining the County as a result.  Supervisor Arcularius provided further clarification on the elimination of the position, the SIP process, and why she felt this position could be considered.  She explained that in the previous item the Program had identified new funding which will cover a large portion of this reinstated position’s salary thus maintaining the SIP savings identified through the elimination of the position.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) increase authorized strength by adding one Equipment Operator I position at Range 54 ($2,252 - $2,739); B) modify the hiring freeze and authorize the filling of the Equipment Operator I at a Range 54; and C) amend the 2004-05 County Budget as follows: increase appropriations in the Integrated Waste Management Budget Unit 045700, by $12,100 as recommended by Staff; and reduce appropriations in Integrated Waste Management Contingencies Budget Unit 087123, Prior Year Encumbrances, (Object Code #5902) by $12,100, with all actions being contingent upon the Board’s adoption of an ordinance increasing the annual franchise fee charged permitted waste haulers in the County.  Motion carried unanimously.

 

Closed Session

The Chairperson recessed open session at 3:30 p.m., to reconvene in closed session, with all Board Members present to continue discussions on previously identified closed session items.

 

Report on Closed Session

The Chairperson recessed closed session at 3:50 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 3:50 p.m. to 9:00 a.m., April 5, 2005, in 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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