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, February 7 , 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, 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.   Supervisor Cervantes requested that today’s meeting be adjourned in memory of Kirk Peek.   Ms. Jan Larson, Lone Pine Chamber of Commerce thanked the Board for their ongoing support of the Film Museum, the Chambers of Commerce and the Film Commission, highlighting recent commercials which were shot in the Lone Pine area, two of which were aired during the Super Bowl.  

County Dept. Reports

The Chairperson announced the County Department Report period.   The Auditor-Controller, Ms. Leslie Chapman provided a brief report on a seminar that she and Supervisor Cash had attended regarding changes in GASB.   She noted that the most significant change in GASB would be the requirement that jurisdictions report the post retirement employee liability.   Ms. Chapman then reviewed some of Inyo County’s figures as an example, noting that in 2002 Inyo County’s expense under “pay-as-you-go” was $46,000 and in 2005 it was $135,284, and requested that this item be agendized for discussion by the FAC to develop strategies and options for the Board’s consideration.   Mr. Ron Chegwidden, Acting Public Works Director, notified the Board of the closure of Bush Street, in Lone Pine for the filming of a commercial, and asking the Board if they wanted to ratify this action.   He explained that because the request for the closure came after the Board’s last meeting in January and prior to the Board’s first meeting in February, he had authorized the closure after discussions with the Chairperson and the District Supervisor.   The Board asked Staff to develop a policy to set guidelines for road closures which would facilitate the closures without the need for the Board to take action.   Mr. John Treacy, Treasurer-Tax Collector reported on the results of the Tax Defaulted Land Auction, which had taken place on Saturday.   Sheriff Dan Lucas reported on the Search and Rescue dinner and provided the Board with information concerning last year’s Search and Rescue operations.   At the conclusion of his remarks the Sheriff commended the members of the Search and Rescue Team and thanked them for a job well done.  

CAO-Personnel/ Rd. Comm. Qualifications

The Chairperson opened the public hearing at 8:45 a.m., on the qualifications of the candidate for Road Commissioner, Mr. Ron Chegwidden, as required by California Streets and Highways Code Section 2006.   The County Administrator confirmed Mr. Chegwidden’s qualifications noting that a copy of his Engineering Certificate had been provided to the Board.   There being no one from the public wishing to provide comment, the Chairperson closed the public hearing at 8:46 a.m.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to find the candidate for Road Commissioner, Mr. Ron Chegwidden qualified as required by law.   Motion carried unanimously.

CAO-Personnel/ Chegwidden Contract

In response to a question regarding the duties and responsibilities of the County Fire Marshall, Mr. Chegwidden explained that this position interprets and enforces the Uniformed Fire Code on County lands not in other governmental entities jurisdictions.    Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to A) appoint Mr. Ronald W. Chegwidden as the County Road Commissioner; and B) approve the Contract between the County of Inyo and Ronald W. Chegwidden for personal services as the Director of Public Works, the County Road Commissioner and County Fire Marshall, at a monthly salary of $7,500, and authorize the Chairperson to sign.   Motion carried unanimously.

Resol. #2006-11/ Appt. Officials Salary

On a motion by Supervisor Cervantes and a second by Supervisor Arcularius, Resolution No. 2006-11 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Amending Resolution 2006-09, Changing the 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.

Ag. Comm.-Mosq. Abat./ Fogger P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) declare Adapco (Fennimore) Chemical a sole-source provider for London Fog truck mounted foggers; and B) authorize the purchase of two London Fog Model 18-20 with dual tank and cab control in an amount of $9,800 plus tax per unit, for a total not to exceed $21,119.   Motion carried unanimously.

Auditor/Maximus Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Maximus, Inc., for calculations of the County’s cost to provide FY 2005-06 Property Tax Administration services in an amount not to exceed $2,500 and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

HHS-Mental Hlth. Serv./I.D.E.A. Contract Amend.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve Amendment One to the Contract between the County of Inyo and I.D.E.A. Consulting, increasing the Contract by $10,000 for a total not to exceed $20,000 for the period of July 1, 2005 through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Mental Hlth. Sev./Ernst Contract Amend.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve Amendment One to the Contract between the County of Inyo and Gary C. Ernst for Mental Health fiscal consulting services, increasing the Contract by $10,000 for a total not to exceed $27,000 for the period of April 15, 2005, through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Soc. Serv./ CAPIT, CBCAP and PSSF Three Year Plan

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Three Year Plan for FY 2006/2008 Prevention Funding, combining the Child Abuse Prevention Intervention and Treatment (CAPIT), Community Based Child Abuse Prevention (CBCAP) and Promoting Safe and Stable Families Programs (PSSF) plans for the provision of prevention services, in the amounts of $60,000 for CAPIT, $27,000 for CBCAP and $64,060 for PSSF for a total amount of $151,060, for the period of July 1, 2005 through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-First Five Comm./ Appointments

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to appoint the following to the Children and Families Commission: A) Ms. Lita Shepard as the Health and Human Services designee to complete an unexpired term ending April 20, 2008; B) Ms. Michele Dossey representing a parent receiving local services for young children category, to complete a three year term ending February 1, 2009; and Mr. Jeff Griffiths, representing a local organization for prevention or early intervention for families at risk category, to complete a three-year term ending February 1, 2009.      Motion carried unanimously.

P.W./Admin. Center Carpet Replacement

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) approve the installation of carpet in the Inyo County Administrative Center, contingent upon the approval and adoption of the Deferred Maintenance Project List to be considered during the mid-year budget review; and B) authorize the purchase of carpet from Tom’s Carpet Service in an amount not to exceed $9,158.16.   Motion carried unanimously.

Rd. Dept./DBE Program Goal Info

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Annual Overall Goal Information for Federal Fiscal Year 2005-06 for the Inyo County Disadvantaged Business Enterprise Program.   Motion carried unanimously.

Ag. Comm./Ag. Resource Adv. Board

Mr. George Milovich, Agricultural Commissioner, presented the concept of forming an Agriculture and Resource Advisory Board.   The Board and Mr. Milovich discussed the concept in depth and at length.   The Board requested that Mr. Milovich develop and bring back for the Board’s consideration options on the formation of this Advisory Board to include the number of members, the segments of the population and industry to be represented on the Board, how advice to the Board of Supervisors will be conveyed, and examples of how other jurisdictions’ Advisory Boards operate.

Ag Comm./ Deputy at Step D

The Agricultural Commissioner provided additional information and further justification for hiring the Deputy Agricultural Commissioner at the D Step.   In response to a question regarding the funding for this higher salary, the County Administrator clarified that while he supported the recommendation because of the difficulty the County has had in filling this Deputy vacancy, the higher salary would increase the Net County Cost this year.   The Board and Staff briefly discussed the impact of this increase, with the Board acknowledging that this position is a part of the authorized strength which has been budgeted for.

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to authorize filling the Deputy Agricultural Commissioner/Sealer of Weights and Measures position at Range 80, Step D ($5,258).   Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., to reconvene at 10:05 a.m., with all Board Members present.

Planning/Mason Appeal of Alser Project

The Chairperson opened the public hearing at 10:05 a.m., to consider David Mason and Roy Harthorn’s appeal of the Planning Commission decision to approve Variance No. 2005-05/Alser, including comments submitted since the Planning Commission hearing of December 7, 2005.   Ms. Jan Larson, Senior Planner, presented the Staff Report and recommendations, which, along with all attachments was entered into the record as Exhibit A.   Ms. Larson then presented an emailed letter from Mr. Mason dated December 29, 2006, which was marked Exhibit B and a Faxed letter from the Alsers’ Attorney, Michael Shonafelt, dated February 6, 2006, which was marked Exhibit C. At the request of Supervisor Williams, County Counsel, Mr. Paul Bruce, provided clarification on the Board’s duties and responsibilities regarding today’s hearing.   The Board took several minutes to review and read Exhibits B and C.  Ms. Larson then requested that an email just received by the Planning Department from Susan Cholakian dated February 7, 2006, opposing the Appeal, be entered and it was marked Exhibit D.   The Clerk of the Board requested that a letter from Sharon Ford, supporting the Appeal, received by the Board and dated February 3, 2006, be entered and it was marked Exhibit E.   The Appellant, Mr. David Mason addressed the Board to support the Appeal.   He presented a packet of information identified as “Excerpt from New Planning Commission Website,” which included a map of the Aspendell subdivision, as well as copies of photographs of the subject property and other homes in the area, which was marked Exhibit F.   At the conclusion of his remarks, Mr. Mason presented the Board with a list of recommendations for the Board’s consideration, which was marked Exhibit G.   Mr. Jamie Stewart, Attorney for the Appellants, addressed the Board to support the Appeal.   Mr. Alser addressed the Board to oppose the appeal and provided the Board with a photograph of his house prior to this remodel, which was marked Exhibit H.   Mr. Alser also offered clarification on information contained in Exhibit F.   Mrs. Alser addressed the Board to provide further clarification on the size of their lot, their home and the footprint for the project.   Mr. Michael Shonafelt, Attorney for the Alsers, addressed the Board to oppose the Appeal.   Ms. Joann Schneider, addressed the Board on behalf of herself, her sister, Dr. Jeanette Schneider and Mr. James Archer, all Aspendell Residents, to support the Appeal.   Mr. Lou McConnell, Aspendell Resident, addressed the Board to support the Appeal.   The Board, Staff and members of the audience continued to discuss the project.   Ms. Jan Larson addressed the Board to clarify the issue identified in Exhibit F regarding adjacent property.   She explained that the parcel, which was the portion of Bishop Creek between the Alsers’ and Masons’ property, had been deleted and was no longer on the Assessor’s Tax Roll.   She clarified that while the parcel may still be reflected on maps, which have not been updated, the Assessor does not consider it a parcel.   The Board, Staff and members of the audience continued to discuss the project.   The Chairperson closed the public hearing at 12:18 p.m.   The Board deliberated the matter before them, with Supervisors Bilyeu and Cervantes expressing their support for private property rights and the Alsers’ expectation to reasonably use their property.   Supervisors Cash and Williams expressed concerns with making all of the findings necessary to grant the variance, most notably #1, #3 and #4.   Supervisor Arcularius concurred with Supervisors Cash and Williams regarding concerns with findings #1, #3 and #4, as well as expressing her concern with public safety, with beams being placed so close to a road.   Moved by Supervisor Arcularius and seconded by Supervisor Williams that the appeal be granted and the variance not go forward.   Motion carried on a three-to-two vote, with Supervisors Arcularius, Cash, and Williams voting yes, and with Supervisors Bilyeu and Cervantes voting no.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:45 p.m., reconvening at 1:20 p.m., with all Board Members present.  

Ord. #1108/Mfg. Home Sales Display Cond. Use Designation

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Ordinance 1108 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California Establishing “Manufactured Home Sales Displays” as a Conditional Use in Commercial Zones C-1 (General Commercial & Retail), C-2 (Highway Services & Tourist Commercial), and C-4 (Heavy Commercial),” was adopted: motion unanimously passed and adopted.

U.S. Forest Serv./Trail and Comm. Pack Stock Mng. Plan.

Mr. Jeff Bailey, Forest Supervisor and Mr. Bill Bramlette, Deputy Forest Supervisor, discussed with the Board the Trail and Commercial Pack Stock Management Plan.   The Board requested information concerning the ability of a jurisdiction to intervene once an appeal of the Plan has been filed, even if it is after the comment period deadline.   Mr. Bramlette indicated that he would get the answer to the question for the Board.  

Integ. Waste/ Curbside Recycling Prgm.

The Chairperson recessed open session at 2:30 p.m., to convene in a workshop with all Board Members present to receive a presentation from the Sierra Conservation Project Staff on the proposed Curbside Recycling Program. The Chairperson recessed the workshop at 2:50 p.m., to reconvene in open session, with all Board Members present.

Probation/

Delinquency Prev. Grant

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to ratify the Contract between the County of Inyo and Healthy Communities for Delinquency Prevention Program, for the period of July 1, 2005 through June 30, 2006, in an amount not to exceed $30,000; and authorize the Chairperson to sign.   Motion carried unanimously.

Sheriff’s Dept./ CADRMS Budget Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to amend the FY 2005-06 Budget as follows:   (a) increase appropriations in CADRMS Budget Unit 022950, Operating and Professional Services (Object Code #5265) by $3,900 and decrease appropriations in Sheriff Budget Unit 022700, Personal and Safety (Object Code #5112) by $3,900.   Motion carried unanimously.

Sheriff’s Dept./ Computer Aided Management. System

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the purchase of computer software and hardware necessary to support the implementation and operation of the Sheriff’s Office Computer Aided Dispatch and Records Management System in an amount not to exceed $3,797 from the vendors as recommended by Staff.   Motion carried unanimously.

HHS/Addictions Counselor Position

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) waive the hiring freeze and authorize the hiring of one Addictions Counselor position as follows contingent upon the qualifications of the successful candidate: (a) Step I, Range 57 ($2,640 - $3,207), Step II, Range 60 ($2,836 - $3,443) or Step III, Range 64 ($3,110 - $3,781.)   Motion carried unanimously.

Water Dept./ UCAR Loan of Equipment

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve an agreement with the University Center for Atmospheric Research (UCAR) for the loan of three eddy covariance systems to supplement the T-REX Study, at the rate of $1 per month through June 1, 2006; and authorize the Water Director to sign.   Motion carried unanimously.

Resol. #2006-12/ Treasurer Invest- ment Authority

The Treasurer-Tax Collector briefly reviewed the request to have the Board delegate the investment authority to the Treasurer.   Mr. Treacy indicated that he would provide the Board with a copy of the results of the Treasury Compliance Audit.   On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Resolution No. 2006-12 was adopted, delegating the investment authority to the Inyo County Treasurer: m otion unanimously passed and adopted.

Treasurer/Invest- ment Policy

The Treasurer-Tax Collector reviewed the proposed changes to the Investment Policy, and presented the Board with an amended copy reflecting the changes being recommended.   The Board and the Treasurer discussed several of the more significant changes, which were being recommended.   The Board and the Treasurer discussed Treasury Policy authority, with Mr. Treacy confirming that the Board approves the Investment Policy.   The Board questioned the need to amend the policy at the present time and expressed their desire to not change the policy.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to not amend the County Treasury Investment Policy as recommended and to have the current policy remain in place.   Motion carried unanimously.

CAO-Personnel/ Elected Officials Salary Ordinance Amended

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to waive the first reading of an ordinance entitled “ An Ordinance of the Board of Supervisors, County of Inyo, State of California, amending Section 2.88.040 of the Inyo County Code to Increase the Salary for Certain Elected County Officials, Excluding the Members of the Board of Supervisors;” and B) schedule the enactment for February 14, 2006, in the Board of Supervisors Room at the County Administrative Center, in Independence.   Motion carried unanimously.

District/Misc.

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to make the appointments to the Mt. Whitney Cemetery District Board of Trustees as follows:   (a) Mr. Kent Whitney to complete an unexpired four-year term ending May 31, 2007 and (b) Mr. Larry Marquez and Ms. Linda Haun to complete unexpired four-year terms ending May 1, 2008.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors Meetings of A) January 12, 2006; B) January 10, 2006; and C) January 17, 2006.   Motion carried unanimously.

Board Members and Staff Reports

Supervisor Cash acknowledged the recent press release from the State which identified Inyo County’s Child Support Services Department as one of the top ten programs in the State and congratulated the Department on this recognition.  

Closed Session

The Chairperson recessed open session at 4:10 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 29.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768 (1); and No. 29A.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Robert and Gretchen Beach, John and Margaret Clark v. the Planning Department and the Environmental Health Services Department of the County of Inyo, a political subdivision of the State of California, Inyo County Superior Court Case No. ICSICVUG 06-40785.

Report on Closed Session

The Chairperson recessed closed session at 6:00 p.m., to reconvene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 29A.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Robert and Gretchen Beach, John and Margaret Clark v. the Planning Department and the Environmental Health Services Department of the County of Inyo, a political subdivision of the State of California, Inyo County Superior Court Case No. ICSICVUG 06-40785, which is an action against the County and its Planning and Environmental Health Departments by the Clark’s and the Beach’s, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, authorized and directed the Office of County Counsel to represent the County in this matter.

Adjournment

The Chairperson adjourned the regular meeting at 6:00 p.m., in memory of Lone Pine Resident, Mr. Kirk Peek, to 9:00 a.m., Tuesday, February 14, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.