County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  Mr. Rich White, Independence Chamber of Commerce, presented the County with the Bronze Award for the County’s Cal Expo Booth.  Supervisor Arcularius suggested that the Chamber display the award in their office.  Ms. Cathy Goss, thanked the Road Dept. for keeping the roads graded to Saline Valley and asked for the completion of the CBDG Grants for the Darwin Community Services District water system improvements.  Ms. Sam Merk, Ridgecrest Resident, presented the Board with copies of the Source, thanking the Board for their support.  Ms. Sheri Cosgrove, representing the Saline Preservation Association, introduced herself to the Board and provided a brief background on the group.

The Chairperson announced the County Department Report period.  Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on a Welfare Directors Association meeting she had attended, including briefly reviewing the Governor’s budget proposal and recommendations on redesigning the Medi-Cal Program.

The Chairperson recessed open session at 9:40 a.m., to convene in a workshop with all Board Members present to discuss the County Information Technology Program.  The Chairperson recessed the workshop at 11:30 a.m.

The Chairperson announced that the workshop scheduled with the Health and Human Services Department on Medi-Cal billing for Health Related Services was being pulled and would be rescheduled.

CAO-Purchasing/ Vehicle Purchase

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to award Bid #11/04 for and authorize the purchase of one 2005 Ford Expedition Special Services Vehicle from Eastern Sierra Motors in an amount not to exceed $26,400.67, plus tax.  Motion carried unanimously.

CAO-Purchasing/ Parka Purchase

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to award Quote #10-2004 for and approve the purchase of eight parkas from Adamson Police Products, in an amount not to exceed $2,034.32, plus tax.  Motion carried unanimously.

Motor Pool/ Vehicle Donation

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) declare one 1992 Ford F-250 pickup, one 1997 Ford Crown Victoria, and one 1984 Chevy S-10 pickup as surplus; and B) donate the 1992 F-250 pickup and the 1997 Ford Crown Victoria to the Owens Valley School District per Government Code Section 25372, which allows the Board of Supervisors to donate property to school districts.  Motion carried unanimously.

Library/Holiday Closure Schedule

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to authorize all library branches be closed on the following Saturdays because of 3-day holiday weekends:  February 12, February 19, May 28, July 2, September 3, November 26, December 24, and December 31, 2005.  Motion carried unanimously.

D.A./Computer Support Serv. Contract

Planning/Housing Study Task Force

The Board and Staff discussed the implementation of the Regional Housing Study recommendation for a Valley Housing Task Force.  The Board directed Staff to (a) advertise the openings where possible, (b) send a letter to the various agencies, organizations and districts, (c) have Supervisor Cash coordinate efforts with the City of Bishop for City representation on the Task Force; and (d) have each individual Board Members contact the specific agencies within their districts.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to implement the Regional Housing Study recommendation to appoint an Inyo County Valley Housing Task Force, as recommended by Staff, including the direction to Staff and for Board Member participation as noted in the discussion.  Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the 2005 Board of Supervisors committee assignments as recommended by the Chairperson Supervisor Ted Williams.  Motion carried unanimously.

The County Administrator recommended the Board appoint Supervisor Arcularius to represent Inyo County on the Eastern Sierra Subregional selection process for the Sierra Nevada Conservancy.  Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to designate Supervisor Linda Arcularius to a two-year term as the County’s representative to participate in the “subregional selection process” to determine which Supervisor will represent the Eastern Sierra Subregion on the full Sierra Nevada Conservancy Board.  Motion carried unanimously.

The Board received the consultants report on the property owners’ survey, which was conducted in conjunction with the proposed increase of benefit assessment fees for the Owens Valley Mosquito Abatement Program.  Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) accept the Opinion Research and Survey from Shilts Consultants, Inc., regarding the proposed increase of benefit assessment fees for Owens Valley Mosquito Abatement Program; and B) authorize Staff to proceed with the engineering report from Shilts Consultants, Inc., as recommended.  Motion carried unanimously.

Reconvene

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to amend the FY 2004-05 District Attorney Budget Unit 022400, by increasing estimated revenue in Restitutions (Revenue Code #4676) by $15,000; and increasing appropriations in Special Appropriations (Object Code #5321) by $15,000.  Motion carried unanimously.

The Board and Staff reviewed the information on and cost analysis of relocating the Water Department to Independence.  Ms. Nancy Masters, Independence Resident, provided information on why she felt moving the Water Department to Independence was a good idea. Supervisors Bilyeu and Cervantes reiterated their position supporting the relocation of the Water Department to Independence.  Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve a one-year extension to the lease between the County of Inyo and Harry J. and Brenda G. Wilson for 163 May Street, in Bishop (Water Department offices), at the rate of $4,725.90 per month for the period of January 1, 2005, through December 31, 2005; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried on a three-to-two vote, with Supervisors Arcularius, Cash and Williams voting yes, and with Supervisors Bilyeu and Cervantes voting no.

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the grant proposal to NASA for Remote Sensing Based Monitoring of Vegetation Cover for Decision Support of Groundwater Management project funding in the amount of $273,931, beginning March, 2005 and ending February, 2008; and authorize the Water Director to sign the required documents, contingent upon the appropriate County signatures being obtained.  Motion carried on a four-to-one vote, with Supervisors Cash, Williams, Bilyeu and Cervantes voting yes, and with Supervisor Arcularius voting no. 

Ms. Beverly Harry, Clerk/Recorder and Lone Pine Resident, addressed the Board as a private citizen to provide additional information to justify reimbursement of the legal fees she incurred in seeking an opinion from the Attorney General regarding the applicability of Measure A and the combination of the Veterans Service Office with the Sheriff’s Department.  Mr. Michael Dorame, retired Supervisor and Lone Pine Resident, addressed the Board to oppose the reimbursement.  In response to a question from Mr. Dorame regarding the Board Members involvement in the lawsuit, Ms. Harry declared that no Board Member contributed to the lawsuit efforts.  Ms. Nancy Masters, Independence Resident, and Ms. Mary Roper, Assistant Clerk Recorder and Independence Resident, addressed the Board to support reimbursement.  Supervisor Arcularius asked Ms. Harry to identify for the public the other individuals seeking reimbursement.  Ms. Harry explained that she was reluctant to identify the other individuals unless they were willing to come forward and explained that she was the one who signed the contract for the legal services.  The Board, Staff and members of the audience continued to discuss the request for reimbursement of personal funds expended by Ms. Beverly Harry for legal fees in attempting to have the Attorney General render a decision on the legality of Measure A as it applied to the combination of the Veteran’s Service Office with the Sheriff’s Department.  The Board Members expressed their individual opinions on the request for reimbursement.  Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to find that it is in the public interest to reimburse $23,767.66 in legal fees incurred in an attempt to obtain an opinion from the Attorney General of the State of California regarding Measure A.  Motion failed on a two-to-three vote, with Supervisors Bilyeu and Cervantes voting yes, and with Supervisors Arcularius, Cash and Williams voting no.

The Chairperson announced that Item No. 11.  A workshop with Staff for the purpose of receiving information on the history and current status of the Inyo/Los Angeles Long Term Water Agreement, the Lower Owens River Project and the Memorandum of Understanding and the following closed session items dealing with Water issues would be continued to next week’s Board of Supervisors meeting:  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 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;  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power,  Inyo County Superior Court Case No. SICVPT04-37217 (Writ of Mandate); CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. One Case - Dispute Resolution initiated on December 10, 2004 by the Sierra Club, OVC, State Lands Commission, Department of Fish and Game under the 1997 Memorandum of Understanding between the City of Los Angeles Department of Water and Power, the County of Inyo, the California Department of Fish and Game, the State Lands Commission, the Sierra Club, the Owens Valley Committee, and Carla Scheidlinger; CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. Seven Cases – (a) 2004-05 Annual Operation Plan Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; (b) Big Pine Wellfield Groundwater Mining Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; (c) Increased Pumping on Bishop Cone Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908;  (d)  Reinhackle Springs Pumping Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; (e)  Reduction in Supply of Stockwater Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908;  (f) Lyman Ditch Supply to Klondike Lake Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; (j) Lone Pine Riparian Park Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; and CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION [Pursuant to Government Code §  54956.9 (c)]:  - One Case - County of Inyo v. State of Nevada, Division of Water Resources - Permits issued to Las Vegas Valley Water District to appropriate groundwater from groundwater basins in or near Inyo County.

The Chairperson recessed open session at 4:58 p.m. to convene in closed session, with all Board Members present, to discuss closed session items No. 20.  PERSONNEL  [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Director of Public Works;  No. 21. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6] - Instructions to Negotiators re:  Wages, salaries and benefits - Title:  Director of Public Works  - Negotiator:  Members of  the Board of Supervisors as designated;  No. 22.  PERSONNEL   [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Chief Administrative Officer; No. 23.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code § 54957.6] - Instructions to Negotiators re:  Wages, salaries and benefits - Title:  Chief Administrative Officer - Negotiator: Members of  the Board of Supervisors as designated.  Supervisors Bilyeu and Cervantes left the meeting at 7:20 p.m.  The Chairperson recessed closed session at 8:00 p.m., to reconvene in open session to receive a report on closed session.

County Counsel reported that with regard to Agenda Items No. 22 and 23, the Board had, in unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, announced the appointment of Mr. Ron Juliff as County Administrative Officer at a monthly salary of $8,000 and the waiver of the County’s medical benefit, and with the appointment being subject to the approval of a contract during open session at a regularly scheduled Board of Supervisors meeting.

The Chairperson adjourned the regular meeting at 8:00 p.m. to 9:00 a.m., January 25, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.