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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, June 14, 2005,
in the Board of Supervisors Room, County Administrative Center, Independence,
with the following Supervisors present: Chairperson
Ted Williams presiding, Linda Arcularius, Jim Bilyeu, and Richard Cervantes.
Supervisor Cash was absent. Supervisor
Bilyeu provided the Invocation, and Supervisor Cervantes led the Pledge of
Allegiance.
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Public
Comment
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The
Chairperson announced the public comment period.
Supervisor Cervantes announced that it was Flag Day and gave a
brief presentation on the history of the flag and on the proper method to
dispose of the American Flag.
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| County
Department Reports
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The
Chairperson announced the County Department Report period. Ms. Jean Dickinson, Director of Health and Human Services,
updated the Board on program audits being conducted by the State.
Ms. Leslie Klusmire, Planning Director, explained that
representatives of the Forest Service were not going to be able to be
present until after lunch and requested that the Board postpone until that
time the discussion on the Trail and Commercial Pack Stock Management in the
Ansel Adams and John Muir Wildernesses Draft Environmental Impact
Statement.
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| Public
Comment
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Ms.
Ruby Allen, of Rainbow Pack Outfitters and representing the Packer’s,
addressed the Board to provide comments on the Trail and Commercial Pack
Stock Management Draft EIS. She
(a) explained that the Packers are looking to be recreational partners
with the Forest Service as stewards of the Forest; (b) that certain
aspects of the DEIS are flawed as a result of insufficient study and data;
(c) highlighted that the Packer Industry may be subject to the National
Preservation Act because many of the business are multigenerational
historic businesses, stressing that this is an item which needs to be
given consideration and (d) reiterated that the basis for packer use is
based on reduced numbers. She
requested that the Board support continuation of the historical use in the
areas of commercial pack stock to provide wilderness access.
Supervisor Bilyeu read into the record a copy of a letter from
Senator Ashburn to the City of Los Angeles Department of Water and Power
opposing the closure of Haiwee Reservoirs.
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| Resol.
#2005-32/ B.P. Gen. Oblig. Bonds
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County
Counsel, Mr. Paul Bruce, provided the Board with a copy of a letter from
the Inyo County Superintendent of Schools certifying that the Big Pine
Unified School District’s Financial Report had been changed from
“Qualified” to “Positive.” Mr.
Bruce explained the law provides that in order for the District to sell
their own bonds their financial rating has to be certified by the County
Superintendent of Schools as “positive.”
Mr. Bruce explained that should a district be unable to obtain the
appropriate rating, it may become the responsibility of the County to sell
their bonds under the Education Code.
In response to a question from Supervisor Arcularius, regarding the
date of the Office of Education’s certification letter, Mr. Bruce
clarified that it appears to be the wrong date, and that it should
probably reflect June 13 instead of April 13, 2005, because in a
conversation with the author, Mr. Dan Munis, Deputy Superintendent, he had
conveyed that the letter was still being composed as of yesterday, June
13, 2005. Mr. John Treacy,
Treasurer-Tax Collector, addressed the Board to explain his concerns with
the Big Pine School District’s lack of communication during this
process, as well as their reluctance to take advantage of the County’s
Elected Officials as a resource in the bond issuance process.
Mr. Treacy went on to explain that because of the County’s
potential involvement in the issuance of district bonds, as explained
earlier by County Counsel, he felt that the expertise of the County
Officials, such as himself and the Auditor who are continually involved in
current financial matters, would be invaluable to the issuing districts.
The Board concurred with Mr. Treacy and asked that the Financial
Advisory Committee (FAC) make recommendations on a District Bond Issuance
Policy, which would set the criteria for the Board to evaluate the
issuance of district bonds. On a motion by Supervisor Bilyeu and a
second by Supervisor Cervantes, Resolution No. 2005-32, entitled
“Resolution of the Board of Supervisors, County of Inyo, State of
California Authorizing the Governing Board of the Big Pine Unified School
District to Issue and Sell General Obligation Bonds for the District on
Its Own Behalf Pursuant to State Law,” was adopted: motion
unanimously passed and adopted, with Supervisor Cash absent.
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| HHS-Inyo
First 5 Comm./Direction Re: Governance
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The
Chairperson announced that the request by the Health and Human Services
Department for the Board to provide direction regarding the governance
structure of the First Five Commission, pursuant to the discussion from
the June 7, 2005, workshop, had been pulled from consideration by the
Department.
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Ord. 1101 Small Wind Energy
Sys. Regs.
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Prior
to the Board’s discussion on the Wind Energy Systems Ordinance,
Supervisor Cervantes briefly stepped away from the meeting.
On a motion by Supervisor Arcularius and a second by Supervisor
Bilyeu, Ordinance No. 1101 was adopted, adding Chapter 18.79 to the Inyo
County Code, entitled “Regulation of Small Wind Energy Conversion
Systems:” motion
carried unanimously, with Supervisors Cash and Cervantes absent.
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Emerg. Serv./ Homeland Sec. Grant
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the
submittal of an application requesting FY 2005 Homeland Security Grant
Program funding for Federal Fiscal Year 2005 in the amount of $232,734 and
authorize the County Administrator to sign the application and related
documents on behalf of the County.
Motion
carried unanimously, with Supervisors Cash and Cervantes absent.
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HHS-Emerg. Serv./ Medical Serv. Trust Allocation to
Local Providers
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve
contracts between the County of Inyo and the local Emergency Services
providers as identified and authorize $63,223 from the Emergency Medical
Services Trust Fund for the following projects: A) $4,500 to Southern Inyo
Fire Protection District for EMT certification expenses and emergency
response equipment; B) $15,007 to Independence Volunteer Fire Department
for ambulance and emergency response related equipment; C) $15,000 to
Olancha Cartago Fire Department to go towards the purchase of a back-up
ambulance; D) $23,716 to Lone Pine Volunteer Fire Department for ambulance
and emergency response related equipment and EMT certification expenses;
E) $5,000 to Big Pine Volunteer Fire Department for EMT certification
expenses and emergency response equipment; and authorize the Health and
Human Services Director to sign the contracts, contingent upon the
appropriate signatures being obtained.
Motion
carried unanimously, with Supervisors Cash and Cervantes absent.
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| Planning/Charles-
ton
View Dev. Plan
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Prior
to the discussion on the Charleston View Development Management Plan,
Supervisor Cervantes rejoined the meeting.
Ms. Leslie Klusmire, Planning Director, reviewed the recommendation
to approve and authorize her to initiate the discussions regarding a
development management plan for the proposed Charleston View developments.
Supervisor Cervantes expressed a desire to be involved in the
process, as the representative from that area.
In response to a query from the Board regarding the possibility of
a conflict arising from preliminary involvement by Board Members, Mr.
Bruce reviewed the areas of advanced project involvement, which might
result in a conflict. Supervisor
Cervantes acknowledged his understanding of conflict issues and reiterated
that he wanted to be included in this process.
Supervisor Cervantes further clarified that he did not want his
involvement to inhibit the Staff’s ability to proceed with the process
expeditiously, but that if he was available, he wanted participate.
Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to
A) approve the preliminary Charleston View development management plan; B)
approve the letter to the Charleston View developers; and C) appoint the
Planning Director, Ms. Leslie Klusmire as sole negotiator with Charleston
View developers. Motion
carried unanimously, with Supervisor Cash absent.
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Solid Waste/Sierra Conserv. Recycling
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The
Chairperson recessed open session at 10:35 a.m., to convene in a workshop,
with all Board Members present, except Supervisor Cash, on the Sierra
Conservation Recycling Program. The
Chairperson recessed the workshop at 11:00 a.m.
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HHS-So. Inyo Hospital Task Force
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The
Chairperson convened in a workshop at 11:02 a.m., with all Board Members
present, except Supervisor Cash, to receive and discuss the Final Report from the Southern Inyo Hospital
Task Force. At the conclusion
of the workshop it was moved by Supervisor Bilyeu and seconded by
Supervisor Cervantes, to disband the Southern Inyo Hospital Task Force.
Motion
carried unanimously.
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| Treasurer/Owens
Valley School TRANS
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to issue the
order pursuant to Section 53853(b) of the California Government Code
Notifying the Owens Valley Unified School District that the Inyo County
Board of Supervisors will not authorize by resolution the issuance of the
School District’s Tax and Revenue Anticipation Note (TRAN) for the
2005-06 fiscal year on their behalf. Motion
carried unanimously, with Supervisor Cash absent.
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| CAO-Budget/Gen.
Relief Budget Amendment
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The
County Administrator, Mr. Ron Juliff, briefly explained that the request
to amend the General Relief Budget is an action to complete the
appropriation authority begun in the third quarter budget review last
week. Moved by Supervisor
Arcularius and seconded by Supervisor Bilyeu to amend the FY 2004-05
County budget by increasing appropriations in the General Relief Budget
056500, Support & Care (Object
Code #5501)
by
$15,000. Motion
carried unanimously, with Supervisor Cash absent.
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| Integ.
Waste/Solid Waste Disposal Fee Waiver
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The
Board and Staff discussed the request from the Los Angeles Department of
Water and Power (LADWP), Bureau of Land Management (BLM) and the United
States Department of Agriculture (USDA) Forest Service to have waste
disposal fees waived for these agencies at the County operated facilities,
specifically for clean up of refuse that has been illegally dumped on the
lands administered by these agencies. The Board discussed that certain areas of the fee ordinance
already provide for certain groups and organizations to receive waiver of
the fees and directed the Solid Waste Program to monitor the solid waste
disposal activities of the BLM, LADWP and Forest Service to discern the
amount of waste which would be attributed as normal and that which would
be attributed to illegal dumping clean-up and report back to the Board for
further consideration of this item.
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Recess/
Reconvene
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The Chairperson recessed the regular meeting at 12:00
p.m., reconvening in open session, at 1:10 p.m., with all Board Members
present, except Supervisor Cash.
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| Planning-Resc.
Mng./Pack Stock Management DEIS Comments
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Representatives
of the U.S Forest Service, Mr. Jeff Bailey, Forest Supervisor and Ms.
MaryBeth Hennessy, briefly addressed the alternatives presented in the
Trail and Commercial Pack Stock Management in the Ansel Adams and John
Muir Wildernesses Draft Environmental Impact Statement – 2005.
Mr. Chris Kennedy, Senior Planner, reviewed the Staff’s
recommendations regarding the County’s response to the DEIS.
The Board, Staff, Mr. Bailey and Ms. Hennessy, discussed the
information received earlier from Ms. Ruby Allen, as well as
correspondence received by Supervisor Arcularius from the Packers
Association. The areas
discussed by the Board included: (a) concurring with the bulleted items in
the Packers letter; (b) highlighting that the packing operations are
multigenerational businesses which may be protected by the National
Historic Preservation Act; (c) that the figures identified in Alternative
No. 1 of the DEIS were based on already reduced usage numbers and should
be based on no less than 10 years of historical data; (d) that the true
and correct figures for the economic impact need to be based on more
detailed and in-depth studies; (e) that the grazing component be
re-evaluated for impacts to specific areas identified for use; and (f) that any alternative should address the protection
of the County’s rural way of life as identified in our mission statement
and through our Inyo 2020 Forum. Moved
by Supervisor Arcularius and seconded by Supervisor Bilyeu to, as
discussed and captured by Mr. Kennedy, approve a letter to the Forest
Service commenting on the Trail and Commercial Pack Stock Management in
the Ansel Adams and John Muir Wildernesses Draft EIS and authorize the
Chairperson to sign.
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| Board
Members and Staff Reports
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The
Board Members reported on their activities during the preceding week,
including a meeting regarding the formation of a volunteer group to
maintain Statham Hall, a Council of Governments Meeting, and a Sierra
Nevada Conservancy update and announcement of the first outreach meeting
scheduled for June 28, 2005, at the Methodist Church in Bishop.
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| Planning-Resc.
Mng./Pack Stock Management DEIS Comments
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Moved
by Supervisor Arcularius and seconded by Supervisor Bilyeu to reconsider
the motion directing the County’s comments to the Pack Stock and Trail
Management in the Ansel Adams and John Muir Wildernesses Draft
Environmental Impact Statement. Motion
carried unanimously, with Supervisor Cash absent.
Supervisor Arcularius explained that Staff had conveyed a need for
further clarification on the motion, specifically regarding the draft
letter submitted with the Agenda Request Item.
Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to
approve the letter commenting on the Pack Stock and Trail Management DEIS
as recommended supporting of those alternative recommended, Alternative
#1, the “no action” alternative, and amended to include the Board’s
previous discussion and the following (a) the information provided by the
Packer’s Association as reflected in the bulleted items in their letter,
(b) that the “no action” alternative represents an already reduced
amount of usage; (c) that the packer operations in the Eastern Sierra are
multigenerational family businesses that should be protected under the
National Historic Preservation Act; and (d) there is a need to protect the
rural way of life which has been identified through the County’s Mission
Statement, as well as the Inyo 2020 Forum, and which is accurately
represented in the on-going packer operations.
Motion
carried unanimously, with Supervisor Cash absent.
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| Closed
Session
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The
Chairperson recessed open session at 2:30 p.m. to convene in closed
session, with all Board Members, present, except Supervisor Cash, to
discuss Agenda Items No. 15. PERSONNEL
[Pursuant to Government Code § 54957] - Public Employee
Appointment - Title: Director
of Water Department; No. 16. CONFERENCE
WITH LABOR NEGOTIATOR [Pursuant
to Government Code § 54957.6] - Instructions to Negotiators re:
wages, salaries and benefits - Title:
Director of Water Department – Negotiators: Members of the Board
of Supervisors as designated; No. 17. CONFERENCE WITH LABOR
NEGOTIATOR [Pursuant
to Government Code § 54957.6] - Instructions to Negotiators re:
wages, salaries and benefits - Employee Organization:
ICEA - Negotiators: CAO
Ron Juliff; No. 18. CONFERENCE
WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6] - Instructions
to Negotiators re: wages,
salaries and benefits - Employee Organization: Deputy Sheriff’s Association (DSA) - Negotiators:
CAO Ron Juliff; No. 19. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant
to Government Code § 54957.6] - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization:
Elected Officials Assistant Association (EOAA) - Negotiators:
CAO Ron Juliff; No. 20. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant
to Government Code § 54957.6] - Instructions to Negotiators re:
wages, salaries and benefits - Employee Organization: Law Enforcement Administrators’ (LEAA) - Negotiators: CAO Ron Juliff, and No. 20A. CONFERENCE
WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government
Code Section 54956.9(a)(c) – One Case – Audit
Claim from State Controller’s Office.
Supervisor Cervantes left the meeting at 3:30 p.m.
The Chairperson recessed closed session at 4:35 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 there were no items discussed in closed session, which
were required by law to be reported on in open session.
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| Adjournment
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The
Chairperson adjourned the regular meeting at 4:35 p.m., to 9:00 a.m., June
21, 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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