Board Minutes - June 14, 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 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.

Public Comment

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.

 

County Department Reports

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.

 

Public Comment

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.

 

Resol. #2005-32/ B.P. Gen. Oblig. Bonds 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.

 

HHS-Inyo First 5 Comm./Direction Re: Governance 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.

 

Ord. 1101 Small Wind Energy Sys. Regs.

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.

 

Emerg. Serv./ Homeland Sec. Grant

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.

 

HHS-Emerg. Serv./ Medical Serv. Trust Allocation to Local Providers

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.

 

Planning/Charles-

ton View Dev. Plan

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.

 

Solid Waste/Sierra Conserv. Recycling

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.

 

HHS-So. Inyo Hospital Task Force

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.

 

Treasurer/Owens Valley School TRANS

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.

 

CAO-Budget/Gen. Relief Budget Amendment

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. 

 

Integ. Waste/Solid Waste Disposal Fee Waiver 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.

 

Recess/

Reconvene

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.

 

Planning-Resc. Mng./Pack Stock Management DEIS Comments 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. 

 

Board Members and Staff Reports 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.

 

Planning-Resc. Mng./Pack Stock Management DEIS Comments

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.

 

Closed Session

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.

 

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., June 21, 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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