Board Minutes - October 12, 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 9:12 a.m., on, Tuesday, October 12, 2004, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Carroll “Butch” Hambleton presiding, Linda Arcularius, Ted Williams, and Michael Dorame.  Supervisor Dorame provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance.  Supervisor Bear joined the meeting during the public comment period. 

 

 

Public Comment

The Chairperson announced the public comment period.  Mr. Richard Cervantes, Mr. Bruce Cotton and Ms. Ann Marie Astells addressed the Board to comment on the condition of the Lone Pine Park.  At the conclusion of their remarks Supervisor Dorame provided a brief history of the County’s efforts to improve the Park.  Supervisor Dorame requested Staff bring an update on the status of Lone Pine Park Projects, with Supervisor Arcularius expanding the request to include a status report on all County Park projects.

 

County Dept. Report

The Chairperson announced the County Department Report period.  Mr. Andrew Remus provided an update on the status of the Death Valley #1 well drilling project.

 

BofS/Indy Sports Complex Update

Mr. Robert Mannatt, representing the proponents of the Independence Sports Complex Project updated the Board on the status of the project.  Mr. Chris Riesen and Ms. Loralee Cole also proponents of the Project addressed the Board.  Ms. Nancy Masters, Independence Resident, addressed the Board to question the need for the project in light of dwindling student populations enrolled in school in Independence and to thank the City of Los Angeles Department of Water and Power for beginning the Independence Regreening Project.  Supervisor Hambleton expressed a desire for the Board to take action to support the Sports Complex Project and asked Staff to agendize an item for Board consideration which identifies recommendation No. 1 in the Water Director’s memorandum dated October 8, 2004, concerning the project and which reads “request LADWP to amend the MND to state that, if the necessary findings are made (concerning Type E vegetation and mitigation), a portion of the project area may be converted to use as a sports complex and stables/corrals.”

 

HHS-Health Serv./CMS Plan

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the 2004/05 Children’s Medical Services (CMS) Plan and authorize the Chairperson to sign.  Motion carried unanimously.

 

Resol. #2004-49/ Juvenile Justice Plan

On a motion by Supervisor Dorame and a second by Supervisor Arcularius, Resolution No. 2004-49 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Authorizing the Chief Probation Officer to Sign and Submit the County’s Comprehensive Multi-Agency Juvenile Justice Plan,” was adopted: motion unanimously passed and adopted.

 

P.W./ESRA/ DWP Runway Clear Area Lease

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the renewal of License Agreement No. 636 between the County of Inyo and the City of Los Angeles Department of Water and Power to clear and maintain a runway clear area at the southeast end of Runway 12-30 at ESRA for the period of November 1, 2004, through October 31, 2009 at the rate of $500 for five years; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./DWP B. P. Drainage Ditch

Lease

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the renewal of License Agreement No. 148  between the County of Inyo and the City of Los Angeles Department of Water and Power to construct, maintain and operate drainage ditches for the purpose of conveying surface water from time-to-time in, over, along and across City-owned property in the community of Big Pine for the period of November 1, 2004, through October 31, 2009 at the rate of $500 for five years; and authorize the Chairperson to sign.  Motion carried unanimously.

  

P.W./DWP Sewer Line Lease

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the renewal of License Agreement No. 292  between the County of Inyo and the City of Los Angeles Department of Water and Power to construct, maintain and operate a sewer line north of County Road in Big Pine for the period of October 1, 2004, through September 30, 2009 at the rate of $500 for five years; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Rd. Dept./DWP Schober Lane Right of Way Lease

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the renewal of License Agreement No. 528  between the County of Inyo and the City of Los Angeles Department of Water and Power to construct, and maintain additional property outside of the Schober Lane Right of Way, for the period of November 1, 2004, through October 31, 2009 at the rate of $500 for five years; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Rd. Dept./DWP Poleta Rd. Right of Way Lease

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the renewal of License Agreement No. 616  between the County of Inyo and the City of Los Angeles Department of Water and Power to construct, and maintain graded slopes outside the Poleta Road Right of Way, for the period of November 1, 2004, through October 31, 2009 at the rate of $500 for five years; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Rd. Dept./DLT Solutions P. O.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the purchase order to DLT Solutions, Inc., for the Autodesk Subscription renewal in an amount not to exceed $3,185.09.  Motion carried unanimously.

 

P.W.-LTC/ Appointment

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to appoint Mr. Doug Thompson to serve on the Local Transportation Commission to serve at the pleasure of the Board.   Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:20 a.m., reconvening at 10:30 a.m., with all Board Members present.

 

Planning/Net Acreage G. P. Amendment The Chairperson continued the public hearing at 10:31 a.m., on General Plan Amendment No. 2002-03/Inyo County [Batch No. 2004-04) [Definitions of “Gross Acreage” or “Gross Parcel Size” and “Net Acreage” or Net Parcel Size].  Ms. Leslie Klusmire, Planning Director, reviewed the Staff report and its attachments in detail.  At the conclusion of her remarks County Counsel requested that the Staff Report and all attachments be included in the record and they were marked Exhibit A. The following McLaren area residents addressed the Board to support the current definitions and the literal interpretations of those definitions: Harry Peterson, Joan Lewis who submitted a letter which was marked Exhibit B, Ray Gray, Peter Berardo who submitted a letter which was marked Exhibit C, Steve Place who submitted a letter which was marked as Exhibit D, and James Bassage who submitted a letter which was marked Exhibit E.   Mr. Jim Core addressed the Board to express his concern with pending applications, which are not being filed until the decision regarding the definition of net acreage is made.  Mr. Ken Lloyd of the Eastern Sierra CSD expressed his concern with increased population density and the impact it will have on the CSD’s ability to provide water to the McLaren area.  The Board, Staff and members of the audience discussed the impact to a change in the definitions on the McLaren area, with the residents expressing a desire to have the Board postpone a decision on the definitions until their Community has the opportunity to take appropriate steps to control the size of lots in their area.  Items discussed included changing the zoning in the McLaren Ranch Estates area from RVL to RRH designation, which would secure 1-acre minimum lot sizes; to conduct an advisory ballot measure in the area to ascertain the residents’ wishes, and to identify specific definitions for the McLaren area, which may be different from the countywide definitions.  Mr. Thorn Alverston, McLaren Resident, provided additional suggestions on how to protect the McLaren area.  At the conclusion of the discussion a motion was made by Supervisor Williams and seconded by Supervisor Bear, which was later withdrawn to continue the decision on the General Plan Amendment until the Staff and Board had the opportunity to review the final language of the amendment.  The Board, Staff and audience members continued their discussions on the impact of recommended language of the amendment on the McLaren area.   Supervisor Arcularius expressed concern with not making a decision on the definition of net acreage until after the election results are known, because of the impact and possible delays to projects in other areas of the County.  County Counsel provided the Board with an example of how an advisory ballot might be conducted and suggesting that the Ballot question be returned for Board approval.  Mr. Steve Stephens, McLaren resident, supported the advisory ballot concept.

 It was moved by Supervisor Williams and seconded by Supervisor Dorame to move forward with an election of the McLaren Area to determine whether the property owners want to change the RVL designations to RRH designation, allowing 1/2 acre minimums to change to 1 acre minimums and delay decision on the definition of net acreage until the Board has the opportunity to conduct a workshop on the definition and until after the results of the election are known.  The motion failed on a two-to-three vote, with Supervisors Williams and Dorame voting yes, and with Supervisors Arcularius, Bear and Hambleton voting no.   The Board and Staff went on to discuss their desire to consider the definition of “net acreage,” without the limitation of the results of the McLaren area election.

 Moved by Supervisor Bear and seconded by Supervisor Arcularius to hold an advisory measure election of the McLaren Ranch Estates property owners on a change in zoning from RVL to RRH, with the ballot question to be returned for Board approval before any election is conducted and to schedule a workshop regarding the definition of net acreage and for a determination on whether to move forward on the net acreage definition prior to the conclusion of a McLaren election.  Motion carried on a four-to-one vote, with Supervisors Arcularius, Bear, Hambleton and Dorame voting yes, and with Supervisor Williams voting no.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 2:10 p.m., reconvening at 3:15 p.m., with all Board Members present, except Supervisor Bear, who had excused herself from the remainder of the meeting just prior to the recess.

 

CAO-Water Dept. Structure

The County Administrator presented the report on the Water Department structure including a hand out on cost impact of the options, as well as Attachments A, B, C, D, and E.  The Board and Staff discussed the possibility of appointing an Interim Water Director because of the estimated recruitment time being four to five months.  The Board directed Staff to agendize a closed session item regarding the appointment of an Interim Water Director for the October 19, 2004, Board Meeting.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to direct that consideration of an appointment of an Interim Water Director be agendized for the Board of Supervisors meeting of October 19, 2004; agendize the discussion, including questions and clarification of cost impacts, regarding organization of the Water Department for the Board of Supervisors meeting of October 26, 2004; and direct that an action request regarding the Water Department organization be agendized for the Board of Supervisors Meeting of November 2, 2004. Motion carried unanimously, with Supervisor Bear absent.

 

Resol. #2004-50/ Kern Co. P.D. Thank You Re: Capital Case

On a motion by Supervisor Dorame and a second by Supervisor Williams, Resolution No. 2004-50 expressing the Board of Supervisors appreciation to Kern County, the Kern County Public Defender’s Office and Public Defender Art Titus for their assistance in providing highly qualified and experienced defense counsel for a double murder capital case in Inyo County: motion unanimously passed and adopted, with Supervisor Bear absent.

 

HHS-Hlth Serv./ Ryan White CARES Program

Moved by Supervisor Williams and seconded by Supervisor Arcularius to ratify and approve the Contract between the County of Inyo and the State of California Dept. of Health Services, AIDS Consortium-Ryan White CARES Program for the period of April 1, 2004, through March 31, 2007, in the amount of $115,728; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.  At the conclusion of the motion Ms. Tamara Cohn, Director of Clinical Services for the Health and Human Services Department, provided an update on the status of the flu vaccine in Inyo County.

 

HHS-Hlth Serv./ Bioterrorism Funding Grant

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to ratify the California Department of Health Services Bioterrorism Funding Grant Agreement for the period of July 1, 2003 through June 30, 2004, in the amount of $131,589 (for last fiscal year); and authorize the Chairperson to sign.   Motion carried unanimously.

 

Probation/Siemens Fire Inspection Contract

Moved by Supervisor Williams and seconded by Supervisor Dorame to ratify and approve the Contract between the County of Inyo and Siemens Fire Safety Division to provide for quarterly inspections and testing of the fire alarm system for the Juvenile Center for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $7,450; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Bear absent.

  

Board Members and Staff Reports

Supervisor Arcularius updated the Board on $400-million in DHS grant funding for Water Systems, indicating that she would provide the Public Works Director with the pre-application form.  The County Administrator updated the Board on the Sierra Business Council’s efforts to help resolve the local Commercial Air Transportation issues.  He informed the Board that community meetings have been scheduled.

 

Closed Session

The Chairperson recessed open session at 4:25 p.m., to convene in closed session with all Board Members present except Supervisor Bear, to discuss Agenda Item No. 19.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Deputy Sheriff’s Association (DSA) - Negotiator - County Administrative Officer and Personnel Analyst.

 

Report on Closed Session

The Chairperson recessed closed session at 4:35 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 4:35 p.m., to 9:00 a.m., October 19, 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