County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  Ms. Kenny Scruggs, an Independence Resident and local attorney, addressed the Board to oppose the approval of Greg James’ contract for legal services.  Ms. Leslie Klusmire, Planning Director, informed the Board of the potential for three large developments in the Charleston View area, which could result in between 50,000 and 60,000 new homes.  She told the Board that the developers are in the process of exploring the water opportunities for these projects.  She also informed the Board that because of the magnitude of these projects and the impacts to the County that she would be moving forward on forming a development team to address these projects as soon as possible.  Mr. Chuck Hamilton, Deputy County Administrator, informed the Board of a Household Hazardous Waste Event which would be conducted Saturday, May 21, 2005, from 9:00 a.m., to 12:00 p.m., at the Independence Landfill.  Supervisor Arcularius acknowledged a letter, which the Board had received from Mr. Gale Holbrook notifying the Board that he and his family would be moving.  Supervisor Arcularius thanked Mr. Holbrook for all of his hard work on behalf of the County while serving on a variety of commissions and committees as well as the Grand Jury.  Supervisor Arcularius also reported on the Sierra Nevada Framework Meeting she had attended and informed the Board that she had been chosen to serve as one of two representatives on a subcommittee to make recommendations to the Committee on the selection of a Director.  Supervisor Williams reported on the May 4, 2005, Special Board Meeting held in Las Vegas with representatives of the other Affected Units of Local Government (AULGs) where Inyo County had agreed to $535,000 for this year’s allocation of DOE AULG funding.

The Chairperson announced the County Department Report period.  Mr. Andrew Remus, Yucca Mountain Project Coordinator, informed the Board that the consensus letter, which was identified during the meeting in Las Vegas had been finalized and was being considered by the Nye County Board of Commissioners during their meeting today. 

Mr. Art Maillet, District Attorney, introduced Mr. Brian Dressler, the new Investigator in his office, to the Board.

2005-06

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the Contract between the County of Inyo and UCLA – Center for Public Health and Disasters (CPHD) for the provision of consultation services for the period of April 1, 2005, through August 31, 2005, in an amount not to exceed $40,000, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Kendall Engineering B.P. Care Home Demo Contract

P.W./MHA

Environmental Consulting  Contract Amendment

Rd. Dept./ Cascade Software Cost Accounting Program

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the minutes of the May 3, 2005 Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Cervantes absent.

Forest Serv./EIS Wilderness Management

The Board accepted a presentation on and discussed the Draft Environmental Impact Statement on Trail and Commercial Pack Stock Management in the Ansel Adams and John Muir Wildernesses, with Mr. Jeff Bailey, Inyo National Forest Supervisor.

Clerk-Elections/ Voting System

The Chairperson thanked Ms. Beverly Harry, Clerk-Recorder, for her willingness to postpone the workshop scheduled on the new Voting System, and announced that the item would be rescheduled.  

Ord. 1096/Valley Electric Franchise

On a motion by Supervisor Arcularius and a second by Supervisor Cash, Ordinance 1096 entitled “An Ordinance of the Inyo County Board of Supervisors Granting to Valley Electric Association, Inc., Its Successors and Assigns, a Non-Exclusive Franchise for the Use of County Rights of Way to Transmit and Conduct Electricity in the County,” was adopted: motion unanimously passed and adopted, with Supervisor Cervantes absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:40 a.m., to reconvene at 10:50 a.m., with all Board Members present, except Supervisor Cervantes.

Treasurer/IRS Tax Penalty

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to ratify the County’s payment of $5,218.06 to the IRS, representing a penalty incurred due to the late payment of withholding tax due to federal government on the County’s payroll of December 7, 2004.  Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Tri-State Surveying Contract

Mr. Ron Chegwidden, Acting Public Works Director, presented the Board with a standard County contract with Tri-State Survey for surveying services.  He provided additional information and further justification on Staff’s recommendation to contract for County surveying services.  The Board and Mr. Chegwidden discussed the alternatives to contracting for this service, which were identified in the Staff Report.  The Board and Staff also discussed the maps, which are currently awaiting surveying approval. 

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract  between the County of Inyo and Tri-State Surveying for the provision of County Surveyor Services, in an amount not to exceed $10,000, for the period of May 18, 2005, through December 31, 2005, contingent upon the Board’s adoption of a FY 2005/06 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained and direct that the maps awaiting surveying approval be approved as soon as possible.  Motion carried unanimously, with Supervisor Cervantes absent.

Planning/GPA 2005-03 – Crystal Geyser Roxane

Resol. #2005-26/ GPA Crystal Geyser

On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Resolution No. 2005-26, approving General Plan Amendment No. 2005-03/Crystal Geyser Roxane and Conditional Use Permit No. 2001-19/Crystal Geyser Roxane, was unanimously passed and adopted, with Supervisor Cervantes absent. 

Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the first reading of the ordinance, as amended to include in Section II, No. 3 (e) “…public health problems, except as identified in the Final Environmental Impact Report and outlined in the Statement of Overriding Considerations,” approving Zone Reclassification No. 2001-03/Crystal Geyser Roxane and scheduling the enactment for 11:00 a.m., Tuesday, June 7, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, with Supervisor Cervantes absent.

Planning/GPA Lone Pine Film Museum

Resol. #2005-27/ L.P. Film Museum Project

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution No. 2005-27 was adopted, (a) approving the Negative Declaration of Environmental Impact for General Plan Amendment No. 2005-03/Lone Pine Film History Museum and Zone Reclassification No. 2004-01/Lone Pine Film History Museum, certifying that the requirements of the California Environmental Quality Act have been satisfied with respect to those actions; and (b) amending the Land Use Element of the Inyo County General Plan by re-designating a 1.92 acre parcel located at 701 South Main Street (U.S. Highway 395) in the community of Lone Pine from “Retail Commercial, Public Services and Facilities” and “Open Space and Recreational” to “Retail Commercial:” motion unanimously passed and adopted with Supervisor Cervantes absent. 

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to waive the first reading of the ordinance approving Zone Reclassification No. 2004-01/Lone Pine Film History Museum and schedule the enactment for 11:00 a.m., Tuesday, June 7, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, with Supervisor Cervantes absent.

Planning/GPA McLaren Subdivision

Resol. #2005-28/ McLaren Subdivision

On a motion by Supervisor Williams and a second by Supervisor Bilyeu Resolution No. 2005-28 was approved adopting the Negative Declaration of Environmental Impact, certifying that the provisions of the California Environmental Quality Act (CEQA) have been satisfied; amending the General Plan and approving General Plan Amendment No. 2005-03/Inyo County McLaren: motion unanimously passed and adopted, with Supervisor Cervantes absent.   

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to waive the first reading of the ordinance approving Zone Reclassification No. 2005-02/Inyo County McLaren and schedule the enactment for 11:00 a.m., Tuesday, June 7, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, with Supervisor Cervantes absent.  The Vice Chairperson turned the meeting back over to the Chairperson.

Planning/GPA Hollowell Project

The Chairperson opened the public hearing at 11:52 a.m., on the following:  (1) General Plan Amendment No. 2005-3/Hollowell (noticed per Planning as General Plan Amendment No. 2004-6/Hollowell) for properties located in the Wilkerson Subdivision, south of Bishop, which would change the General Plan designation on eight parcels including the applicant’s property, in the immediate vicinity, from Residential Rural High Density, 1.0-acre minimum, to Residential Very Low Density, 2.0 dwelling units per acre, 0.5-acre minimum lot size; (2) an ordinance approving Zone Reclassification No. 2004-6/Hollowell that would change the zoning on the eight parcels from Single Residence or Mobilehome combined, 1.0-acre minimum to Single Residence or Mobilehome Combined 0.5-acre minimum and (3) Tentative Parcel Map No. 366/Hollowell.  Mr. Chris Kennedy, Senior Planner, reviewed the Staff Report and recommendations.  At the conclusion of his presentation Mr. Kennedy requested that the Staff Report and all attachments be entered into the record and they were marked Exhibit A.  Mr. Andy Holmes, representing the applicant, addressed the Board to support the project.  The Chairperson closed the public hearing at 12:00 p.m.

Resol. #2005-29/ Hollowell Project

On a motion by Supervisor Bilyeu and a second by Supervisor Cash, Resolution No. 2005-29 was approved adopting the Negative Declaration of Environmental Impact, certifying that the provisions of the California Environmental Quality Act have been satisfied, amending the General Plan, approving Vesting Tentative Parcel Map No. 366/Hollowell and General Plan Amendment No. 2005-3/Hollowell: motion unanimously passed and adopted, with Supervisor Cervantes absent. and  

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to waive the first reading of the ordinance approving Zone Reclassification No. 2005-3/Hollowell and schedule the enactment for 11:00 a.m., Tuesday, June 7, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, with Supervisor Cervantes absent. 

Reconvene

The Chairperson recessed the regular meeting at 12:05 p.m., reconvening at 1:05 p.m., with all Board Members present, except Supervisor Cervantes.

Mr. Chris Kennedy, Senior Planner, reviewed the Staff Report on the Southwestern Willow Flycatcher Critical Habitat project.  The Board and Staff discussed how the Critical Habitat project, because of the area being proposed for the habitat, might effect Inyo County including our: (a)  recreational opportunities; (b) access to public lands; (c) grazing; (d) water; (e) tourism; and (f) economy.  The Board and Staff discussed the possibilities of getting the Owens Valley removed from the critical habitat area designation, with the Board identifying this as a primary objective.  The Board directed that Staff develop comments reflective of the County’s concerns and have the Chairperson sign the letter submitting the comments on or before the May 31, 2005 deadline for comments. 

A)  adopt new phases for land releases as recommended by Staff;  

B) direct Staff to hold public meetings in Lone Pine to confirm intentions for zoning on Area 4;  

C) direct Staff to hold public meetings in Independence to confirm intentions for development of area 4 a & c, and direct Staff to process the appropriate General Plan Amendments and/or zone changes to accommodate the intentions of the Committee;  

D)  direct Planning Staff to initiate needed amendments on identified properties;  

E)  direct County Counsel to initiate the process for an amendment to the Long Term Water Agreement to include the proposed land release in Bishop, known as Area 12 or the Hanby parcel; and 

F)  submit the revised phasing scheme to LADWP and request the release of properties in Phases 1A, 1B, 2 and 3.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Agreement between the County of Inyo and Gregory L. James, for the provision of Legal and Consulting services as directed; for the period of July 1, 2005, through June 30, 2006, at the flat rate of $10,000 per month for 1,000 hours of service with no reimbursement for per diem, travel and other incidental expenses, in an amount not to exceed $120,000, including a 90 day cancellation clause, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion failed on a three-to-one vote, with Supervisors Arcularius, Williams and Bilyeu voting yes, with Supervisor Cash voting no and with Supervisor Cervantes absent.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve an agreement between the County of Inyo and Gregory L. James, for the provision of Legal and Consulting services as directed; for the period of July 1, 2005, through December 31, 2005, at the flat rate of $10,000 per month for 500 hours of service with no reimbursement for per diem, travel and other incidental expenses, in an amount not to exceed $60,000, including a 90 day cancellation clause, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the FY 2004-05 budget as follows: A) increase appropriations in Grants-in-Support Budget Unit 011402, Inyo County Office of Education – Child Care Connection (Object Code #5516) by $2,912; B) increase appropriations in Advertising County Resources Budget Unit #011400, Bishop Chamber of Commerce (Object Code #5530) $3,200; and C) decrease appropriations in General Fund Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $6,112.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the FY 2004-05 Used Oil Grant 8^th Cycle, Budget Unit 640109 by increasing revenue in State Grants (Revenue Code #4498) by $1,590 and increasing appropriations in Professional Services (Object Code #5265) by $5,418 and B) amend the FY 2004-05 Used Oil Grant 9^th Cycle Budget Unit 640110, Professional Services (Object Code #5265) by $8,065.  Motion carried unanimously, with Supervisor Cervantes absent.

The Chairperson recessed open session at 3:15 p.m., to convene in closed session with all Board Members present, to discuss Agenda Items No. 22.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768 (1); No. 23. PERSONNEL [Pursuant to Government Code § 54957] - Public Employee Appointment – Title:  Director of Public Works; No. 24 PERSONNEL   [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Director of Water Department; No. 25.  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. 26. 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 and Chief Probation Officer Jim Moffett; No. 27.  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. 28.  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; and No. 29.  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.

The Chairperson recessed closed session at 7:15 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. 

The Chairperson adjourned the regular meeting at 7:15 p.m., to 9:00 a.m., June 7, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.