County of Inyo

The Chairperson announced the County Department Report period.  The County Administrator, Lt. Bill Lutze, and the Public Works Director provided an update on the situation as a result of the flooding in Death Valley.  Mr. Mendez presented the Board with aerial photographs of the effected areas in and around the Furnace Creek Inn.  Lt. Lutze provided a detailed review of the emergency services and rescue operations, informing the Board that fatalities had occurred.  Mr. Jewett updated the Board on the County road situation, explaining that the County roads did not sustain significant damage.  He went on to say that it looked like it would be mostly the removal of debris and not reconstruction of any the roadways.  Mr. Mendez concluded the discussion by indicating that he would keep the Board informed as new developments unfold.  Supervisor Dorame queried Staff regarding a situation in Olancha as a result of flooding where a neighbor’s accumulated manure washed into another neighbors yard and was causing problems.  Mr. Mendez indicated that he would pass this along to the Environmental Health Department, if necessary.  George Milovich, Agricultural Commissioner, updated the Board on information regarding the California Performance Review (CPR) and its possible affect on the local Ag Programs.  Ms. Jean Dickenson, Health and Human Services Director, also provided information on the CPR and its possible affect on local health and human services programs.

Rd. Dept./Federal Exchange & Match Program

P.W./Caltrans Utility Locator Contract

P.W./Hoerner Vigen Contract

P.W./Coffman Contract Master Planning L.P. Airport

P.W./Coffman Contract Independence Airport Master Plan

HHS-CalWorks/ Supt. of Schools Contract for Learning Disability Serv.

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the Inyo County Superintendent of Schools for CalWORKS Learning Disability Services, in an amount not to exceed $3,500, for the period of July 1, 2004, through June 30, 2005, contingent upon the Board’s adoption of a FY 2004-05 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Moved by Supervisor Bear and seconded by Supervisor Williams to A) set the total membership of the Council at 22 persons; B) appoint the members and their alternates to fill categorical slots for FY 2004-05 as recommended and set the quorum at 12; and C) appoint Joe Pecsi and Jim Moffett as Co-Executive Directors of the Council.  Motion carried unanimously.

HHS-Hlth Serv./ Bioterrorism Preparedness Certification

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Certification Against Supplanting of the 2003-04 Inyo County Bioterrorism Preparedness Plan, which certifies to the California Department of Health Services that the funds were not supplanted for Bioterrorism Preparedness expenditures, that reports concerning the funds are accurate and that the funds were placed in the trust fund and used only according to the County Bioterrorism Preparedness Plan and budget; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-WIC/Van Purchase

Moved by Supervisor Bear and seconded by Supervisor Williams to A) award the purchase of a 2004 Ford Freestar Van to the low bidder Eastern Sierra Motors, in an amount not to exceed $19,948.45; and B) authorize the County Administrator and Auditor-Controller to take the appropriate actions to facilitate this purchase prior to final budget adoption.  Motion carried unanimously.

Resol. #2004-37/ Victim Witness Grant

Resol. #2004-38/ Grant For Drug Suppression Task Force

Resol. #2004-39/ Grant For Statutory Rape Vertical Prosecution

Auditor/MacLeod Contract

Transit/Repair & Maintenance P.O.

Moved by Supervisor Bear and seconded by Supervisor Williams to authorize the issuance of blanket purchase orders to those vendors and in amounts as recommended by Staff, for the repair and maintenance of equipment and buses.  Motion carried unanimously.

Integ. Waste/ Barker  Contract

Moved by Supervisor Bear and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Ramona Barker for maintenance services at the Olancha Transfer Station for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $2,880, contingent upon the Board’s adoption of a FY 2004-05 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

HHS-CalWorks/ IMACA Workforce Investment Act Contract

Moved by Supervisor Bear and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Inyo Mono Advocates for Community Action (IMACA) for provision of services pursuant to the Workforce Investment Act, for the period of August 1, 2004, through December 31, 2004, in an amount not to exceed $62,500, contingent upon the Board’s adoption of a FY 2004-05 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Water Dept./ James Contract

The County Administrator reviewed the Staff Report regarding contracting for legal services with Mr. Greg James after he retires from County service.  Supervisor Hambleton provided copies of letters from the California Native Plant Society, the Sierra Club and the League of Women Voters, asking that the Water Department not be consolidated with another department and/or departments and recommending that Mr. James be retained for legal services.  Ms. Ellen Hardebeck, of the League of Women Voters, addressed the Board to support the League’s recommendations.  Ms. Betty Denton, County Resident, addressed the Board to ask that the public be included in the process for consideration of the reorganization of the Water Department.  The Board and Staff discussed the alternatives, including the possibility of reducing the length of the Contract with Mr. James from the recommended 12 months to 6 months.   The County Administrator also informed the Board that contracts for outside legal services, such as this one, require a 4/5’s vote of the Board.  The Board indicated their desire to proceed with Staff’s recommendations regarding the Water Department reorganization, including the proposed timeline and added to the September 14, 2004 schedule, a discussion and review of the work involved with the LORP and Dispute Resolution activities.  The consensus of the Board, regarding the Department Head position for the Water Department was to consider all alternatives and options as the evaluation of the Department proceeds. 

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Mr. Greg James, A.P.C., for the provision of legal and consulting services, per Staff Recommendation 1., for a six month period beginning January 1, 2005, through June 30, 2005, at the rate of $120 per hour in an amount not to exceed $60,000; authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and adopt the timeline as outlined in Attachment B to the Staff Report, amended to include a full discussion regarding the work involved with the LORP Project, Dispute Resolution activities and recommendations on any other projects that impact the Water Department workload.   Motion carried unanimously.

Reconvene

The Board and Staff discussed the recommendation to defer consideration of the certification of the EIR/EIS that addresses the LORP, with Staff providing an update on how the process is proceeding.  Moved by Supervisor Williams and seconded by Supervisor Dorame to defer consideration to September 7, 2004, of the certification of the EIR/EIS that addresses the Lower Owens River Project (LORP) and approval of the LORP until it is determined whether the United States Environmental Protection Agency (EPA) will disburse approximately $5.2 million in federal grant funds to the County to cover a portion of the County’s share of the LORP; and direct staff to continue to work with EPA and LADWP to (a) achieve an EIR/EIS that is acceptable to the three agencies, (b) to secure the federal grant funds for the County at the soonest possible time, and (c) to begin construction of the LORP at the soonest possible time, and report back on September 7, 2004, as to the progress.  Motion carried unanimously. 

Resource Management/ Furnace Creek Rd. Closure

Mr. Chris Kennedy, Planner, reviewed the alternatives pertaining to the EA for a joint BLM/Forest Service Furnace Creek OHV Road Project.  Messrs. Dick Noles, Joe Andrews, and Rex Allen, addressed the Board to support Alternative No. 4.  Ms. Mary DeAguero, Deputy District Ranger, provided additional information and further clarification regarding the request for comments on the joint project.  Supervisors Arcularius, Hambleton and Dorame supported the County taking a position to support Alternative No. 4, explaining that this provided the best compromise to allow vehicle access on at least a portion of the road, while addressing environmental concerns. 

Supervisor Bear asked that consideration of this item be continued to the next Board Meeting.  She explained that several members of the public had contacted her with the request for a continuance because they wanted to address the Board on this issue, but had been unable to change their schedules to facilitate attending today’s meeting.  Supervisor Arcularius explained that the deadline for comments was Monday, August 23, 2004, which is prior to the next Board Meeting and expressed concerns with the County having their comments excluded from consideration because the deadline was not met.  Supervisor Bear indicated that if the item was not continued, that she would, out of respect for the requests for continuance she had received, abstain from voting on this item.  Supervisor Williams expressed concern with providing comments on the preliminary alternatives, suggesting that the Board delay commenting until the Forest Service identifies the final alternatives.  Supervisor Williams went on to say that he too would abstain on any motion because he felt a County response at this time would be premature.  The Board, Staff and Ms. DeAguero continued to discuss the pros and cons to providing comments at this juncture.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to select “Alternative 4 - Open BLM Section to Full-Size Vehicle Use; Convert Forest Service Section to Multiple-Use Trail” identified in the Environmental Assessment (EA) for the Joint BLM/Forest Service Furnace Creek OHV Road Project, as being the most feasible alternative at this time to provide historic access and to recognize the socio economic concerns of the public.  Motion carried unanimously, on a three-to-zero vote, with Supervisors Arcularius, Hambleton and Dorame voting yes, and with Supervisors Bear and Williams abstaining.

Moved by Supervisor Dorame and seconded by Supervisor Williams to appoint the following to the Lone Pine Architectural Design Review Board: A) Mr. Rick Leslie representing the qualified licensed architect category, to complete and unexpired term ending August 19, 2004 and a two-year term ending August 19, 2006; B) Ms. Kathi Hall, representing the Lone Pine Chamber of Commerce, to complete an unexpired term ending February 24, 2005; and C) Ms. Beverly Vander Wall, as the public representative, to complete an unexpired term ending February 24, 2005.  Motion carried unanimously. 

Moved by Supervisor Williams and seconded by Supervisor Dorame to approve the Contract between the County of Inyo and Latir Energy Consultants, for monitoring the Yucca Mountain Project, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $40,000, contingent upon the Board’s adoption of a FY 2004-05 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Moved by Supervisor Dorame and seconded by Supervisor Arcularius to approve the minutes of the July 27, 2004, Board of Supervisors Meeting.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the minutes of the August 2, 2004, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Bear abstaining.

Moved by Supervisor Arcularius and seconded by Supervisor Dorame to approve the morning session of the minutes of the August 3, 2004, Board of Supervisors Meeting.  Motion carried unanimously, with Supervisor Dorame abstaining.

Moved by Supervisor Dorame and seconded by Supervisor Williams to approve the afternoon session of the minutes of the August 3, 2004, Board of Supervisors Meeting.  Motion carried unanimously.

Reconvene

The Chairperson recessed the regular meeting at 1:25 p.m., to reconvene in closed session at 2:40 p.m., with all Board members present.

The Board met in closed session to discuss Agenda Items No. 25.  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; No. 26.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Anderson v. California Transportation Comm., Inyo County Superior Court Case No. CVCV04-36446;  No. 27. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Decision to Appoint - Title - Director of Environmental Health; No. 28.   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 & Personnel Analyst; and No. 29.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title - Law Enforcement Administrators’ Association (LEAA) - Negotiator - County Administrative Officer & Personnel Analyst.

The Chairperson recessed closed session at 5:00 p.m., to convene in open session to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 26.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Anderson v. California Transportation Comm., Inyo County Superior Court Case No. CVCV04-36446, the Board, in a unanimous vote, with Supervisors Arcularius, Bear, Williams, Hambleton and Dorame voting yes, has authorized and directed County Counsel to defend the County in this matter. 

The Chairperson adjourned the regular meeting 5:00 p.m., to 9:00 a.m., September 7, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.