Board Minutes - March 16, 2004

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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 9:05 a.m., on Tuesday, March 16, 2004, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Carroll “Butch” Hambleton presiding, Linda Arcularius, Julie Bear, Ted Williams, and Michael Dorame.  Supervisor Hambleton provided the Invocation, and Supervisor Dorame led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the Public Comment Period and there was no one from the public wishing to address the Board.

 

County Dept. Reports

The Chairperson announced the County Department Reports Period.  Sheriff Dan Lucas reported on Correction Officer and Deputy Sheriff graduations.  He reported on Search and Rescue’s recertification, and on recent inmate and crime statistics, which reflect increases.  Supervisor Dorame shared photographs he had taken, of the new playground equipment, which was installed at the Tecopa Campground.

 

HHS-Hlth. Serv./ Bioterrorism App.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Local Public Health Preparedness and Response to Bioterrorism Application and authorize the Chairperson to sign the Certification and Agreement Form.  Motion carried unanimously.

 

 

P.W.-ESR A/P-Bi Fold Door P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the purchase of two Bi-Fold Aircraft Hangar Doors and Freestanding Header assemblies from Schweiss Bi-Fold Doors Company, in an amount not to exceed $11,295.31.  Motion carried unanimously.

 

Rd. Dept./Rebar Data Scanner P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the purchase of one rebar data scanner from James Instruments, Inc., in an amount not to exceed $2,570.  Motion carried unanimously.

 

Rd. Dept./Dozer Link Assemblies P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the purchase of two link assemblies for the Caterpillar D-8 dozer from Quinn Shepard Machinery Company in an amount not to exceed $6,752.28.  Motion carried unanimously.

 

Resol. #2004-07/ Pgrm. Supplement

On a motion by Supervisor Williams and a second by Supervisor Dorame, Resolution No. 2004-07 was adopted, approving Program Supplement No. M008 to Administrating Agency-State Agreement for Federal-Aid Projects No. 09-5948 and authorizing the Chairperson to sign: motion unanimously passed and adopted. 

 

Planning/Housing Element Gen. Plan Amend.

The Chairperson announced that the scheduled joint meeting with the Planning Commission to conduct a joint public hearing to take testimony on General Plan Amendment No. 2004-01 concerning a revised 2004 General Plan Housing Element, was rescheduled to April 6, 2004.

 

CAO-Rural Telecommunica-

tions Grant App.

The County Administrator provided additional information and further clarification on the Rural Telecommunications Infrastructure Grant Application.  Supervisor Arcularius indicated that she would request a letter from RCRC for support of our application.  Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the County submitting an application to pre-qualify the Community of Charleston View for the Rural Telecommunications Infrastructure Grant Program; and approve a letter supporting the application and designating the County Administrator as the Fiscal Agent for purposes of the grant program; authorize the Chairperson to sign; and authorize the Chairperson or the County Administrator to sign the documents during the pre-qualification phase.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., reconvening in open session at 10:25 a.m., with all Board Members present.

 

Forest Serv./Fire Prevention and Planning Grants

The County Administrator provided additional information and further clarification on the recommendations for the award of the County’s Fire Prevention and County Planning Grants.  He explained that he was not recommending funding for the Eastern Sierra Regional Fire Safe Council because they have, in the past several years, received a substantial portion of the funding and also because this year it appeared that the request for grant funds was to cover operations as opposed to a specific project.  He explained that he did not want the organizations to become dependent upon the funding in order to continue operations.  Supervisor Williams requested that the criteria be changed to include a requirement for a deduction of score for those applications which request continued funding for administration and operations.  Mr. Mendez responded to questions from the Board regarding the Aspendell Fire Department’s request, explaining that he made the choice as to which one of their projects would be funded.  Supervisor Arcularius expressed a desire to have the Aspendell Fire Department choose which of the projects they wanted their funding to apply towards.  Mr. Mendez suggested that the Board increase Aspendell’s amount from $3,780 to $3,900 to provide the most flexibility, thereby awarding a total of $24,980 this year.  The Board and Mr. Mendez discussed the Fort Independence proposal to use goats for their brush clean-up projects.  The Board Members expressed a desire to have a report back on the projects, with Mr. Mendez explaining that he will amend the scope-of-work of the contracts to include a report on each of the projects.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to award Fire Prevention and County Planning grants totaling $24,980 to the following entities and authorize the County Administrator to sign the standard County contracts, contingent upon the appropriate signatures being obtained; (a) Lone Pine Fire Safe Council in the amount of $13,000; (b) Aspendell Volunteer Fire Department in the increased amount of $3,900 and amended to allow the Department to choose which areas of the project proposal will be funded; (c) Lone Pine Volunteer Fire Department in the amount of $3,600; and (d) Fort Independence in the amount of $4,480.  Motion carried unanimously.

 

CAO-Budget/Mid- Year Budget Clean-up

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the specific budget actions pertaining to the following County Budgets as recommended by Staff: (a) the Eastern Sierra Regional Airport, (b) the Independence Water System, (c) the Road Department, (d) State Funded Road Projects, (e) Coroner, and (f) General Revenues and Expenditures.  Motion carried unanimously.

 

Rd. Dept./Poleta Rd. Improvement Project.

Moved by Supervisor Williams and seconded by Supervisor Bear to A) award and approve the Contract for the Poleta Road Improvement Project to Granite Construction Company in an amount not to exceed $443,724; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and B) authorize the Public Works Director to execute all other Contract documents, including Contract Change Orders, to the extent permitted by Public Contract Code Section 20142 and other applicable law.  Motion carried unanimously.

 

Resol. #2004-08/ Investment Authority

On a motion by Supervisor Arcularius and a second by Supervisor Dorame, Resolution No. 2004-08 was adopted, delegating the investment authority to the Inyo County Treasurer:  motion unanimously passed and adopted.

 

Treasurer/Invest-ment  Policy

Mr. John Treacy, Treasurer-Tax Collector, reviewed the Treasury Investment Policy submitting a change in the policy, which provides a section to cover notification to the Board of Supervisors and other Officers in the event of a major fluctuation in the Treasury.  The Treasurer thanked Supervisor Hambleton for the phone call, which led to the recommendation to include a notification clause.  Mr. Treacy explained that while there is no disclosure requirement, he concurred with Supervisor Hambleton’s estimation that if the Board and other officials are aware of a potential problem in the Treasury, they could become proactive rather than responsive to problems.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Inyo County Treasury Investment Policy as amended.  Motion carried unanimously. 

 

Planning/Gen. Plan Amend. Floor Area Ratio

The Chairperson announced that the Board would conduct the public hearing on the General Plan Amendment on the floor area ratio and that at the conclusion of the public hearing the remaining actions would be postponed to April 6, 2004, in order to coincide with the Revised Housing Element Amendment.  The Chairperson opened the public hearing at 11:45 a.m. on General Plan Amendment No. 2003-01 approving and adopting amendments to the 2001 Inyo County General Plan Goals and Policies Report to allow for increases, by Conditional Use Permit, in the Floor Area Ratio in the Heavy Commercial/Commercial Service, Light Industrial, and General Industrial Land Use Designations.  Ms. Leslie Klusmire, Planning Director, reviewed the Staff Report and recommendations in detail.  At the conclusion of Ms. Klusmire’s remarks the Report was accepted into the record as Exhibit A.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 12:00 p.m.  The Chairperson  announced that the remaining actions pertaining to the Floor Area Ratio General Plan Amendment, which were 1) to adopt a resolution entitled “ A Resolution of the Board of Supervisors of the County of Inyo, State of California, Approving and Adopting Amendments to the 2001 Inyo County General Plan Goals and Policies Report, Section 4.2, Land Use, to Allow for Increases, by Conditional Use Permit, in the Floor Area Ratio in the Heavy Commercial/Commercial Service, Light Industrial, and General Industrial Land Use Designations, Which Amendments are Collectively Referred to as General Plan Amendment #2003-01, and Certifying that the Requirements of the California Environmental Quality Act Have Been Met with Regard to that Action;”  and 2) to waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Section 4 of County Ordinance #943, Sections 4, 6, and 8 of County Ordinance #555, Sections 22, 29, and 30 of County Ordinance #1007, and Sections 18.49.040, 18.49.050, 18.56.040, 18.56.059, and 18.57.120 to the Inyo County Code and schedule the enactment of the ordinance for 10:05 a.m., Tuesday, March 23, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence, would be considered on April 6, 2004.

 

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including an RCRC Meeting and an update on the State Budget, a congratulations on the successful Blake Jones Trout Derby, notification of the Interagency Visitor Center ground breaking, an Inyo First Five Commission Meeting, an upcoming State Child Development Policy Committee Meeting, Inyo Associates, and an announcement on the Pacifica Development Project scoping meeting.

 

Closed Session

The Chairperson recessed open session at 12:15 p.m., to convene in closed session, with all Board Members present, to discuss Agenda Items No. 16.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - California Farm Bureau v. California Department of Forestry; Sacramento Superior Court Case No. 04 CS00225; and No. 17.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Performance Evaluation – Title:  Planning Director.  Supervisor Arcularius declared a conflict and recused herself from the discussion on Item No. 16, returning to closed session at 1:10 p.m., to participate in the discussion of Item No. 17.  Supervisor Hambleton excused himself due to travel obligations at 2:00 p.m.  The Vice Chairperson recessed closed session at 2:55 p.m., to reconvene in open session to receive a report on closed session.

 

Report on Closed Session

County Counsel reported that as a result of the Board’s consideration of the items on the agenda for closed session, the following information is required to be reported out.  Regarding Item No. 16.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - California Farm Bureau v. California Department of Forestry; Sacramento Superior Court Case No. 04 CS00225, which is an action  which seeks to challenge the validity of Public Resources Code Section 4139 et seq. imposing fees upon parcels of property in State Fire Response Areas.  At the beginning of the closed session, Supervisor Arcularius disclosed that she is a member of the California Farm Bureau Federation, based upon such declared a potential conflict, disqualified herself from participating in any decision making regarding this case and left the closed session; and by a four-zero vote, with Supervisors Bear, Williams, Hambleton and Dorame voting yes, and with Supervisor Arcularius absent, the Board authorized and directed the Office of County Counsel to defend the County,  the Treasurer-Tax Collector, John Treacy, and the Assessor, Tom Lanshaw, in this matter and directed that the County indemnify Mr. Treacy and Mr. Lanshaw.

 

Adjournment

The Chairperson adjourned the regular meeting at 2:55 p.m., to 9:00 a.m., April 6, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

_____________________________________
   Chairperson, Inyo County Board of Supervisors

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

 

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Last Updated: May 18, 2006