Board Minutes - May 3, 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 9:05  a.m., on Tuesday, May 3, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard Cervantes.  Supervisor Cervantes provided the Invocation, and Supervisor Bilyeu led the Pledge of Allegiance.

Planning/AULG Meeting

The Chairperson postponed public comment to address the possibility of scheduling a special Board Meeting in Las Vegas to meet with the Affected Units of Local Government (AULGs) regarding this federal fiscal year’s funding of the AULGs.  The Chairperson provided explanatory remarks, requesting the Board consider scheduling a Special Board Meeting with a quorum of the Board, comprised of Supervisors Cash, Cervantes and himself, to meet in Las Vegas with the other AULGs to negotiate for Inyo County’s allocation of Yucca Mountain Repository money for this federal fiscal year.  Supervisor Williams provided a brief synopsis of the current situation regarding AULG funding, explaining that the DOE is leaning towards the recommendations by the 9 AULGs, which allocated only $285,000 to Inyo County this year.  He went on to explain that in conversations with our Federal Legislators they conveyed to him that they are wanting Inyo County to work with DOE and the other AULGs to resolve the funding dispute without their intervention.  Supervisor Williams encouraged the Board to consider a negotiating position wherein we would consider an amount lower than our historic funding but higher than the recommended $285,000 in order to ensure that Inyo County receives the highest amount of funding as possibly feasible to protect implementation of the County’s work plan.   Supervisor Cervantes said that he was not in favor of accepting any reduced amount because of the Board’s previous actions regarding maintaining our historic funding levels.  Mr. Paul Bruce, County Counsel, provided the parameters whereby the Board could meet in Special Session outside of the County’s jurisdiction.  The Board and Staff discussed the logistics of conducting a Special Meeting on May 4, 2005, in Las Vegas.  After a brief discussion on not wanting to identify a dollar amount and/or a range of funding that was acceptable prior to negotiations, Supervisors Arcularius and Bilyeu expressed their willingness to travel to Las Vegas in order for the County to have a full Board in attendance which would convey a position of strength in the negotiations and the County’s determination to protect its funding level.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to send a quorum of the Board of Supervisors to meet with the Department of Energy and other Affected Units of Local Government (AULGs) to negotiate and decide the allocation of Yucca Mountain Repository money among AULGs including the County of Inyo, for the current federal fiscal year, and to report back on the results of the meeting.  Motion carried unanimously. The Chairperson recessed the regular meeting at 9:45 a.m., with instructions to Staff to notice the Special Meeting of the Board of Supervisors for 2:00 p.m., tomorrow, May 4, 2005, at the Mountain Crest Community Center, 4701 North Durango Road, Las Vegas, Nevada.  The Chairperson reconvened the regular meeting at 9:55 a.m., with all Board Members present. 

 

Public Comment The Chairperson announced the public comment period.  Mr. Ervin Lent, Big Pine Tribal Administrator, addressed the Board to identify a situation on the Big Pine Reservation regarding Animal Control enforcement.   He expressed his concern that the residents of the Reservation were not receiving the same rights to public safety as was being provided to other residents of the County.  In response to a question from the Board, County Counsel, explained that the County is only allowed by law to provide criminal law enforcement on the reservations and that Animal Control laws are civil regulations which the County has no jurisdiction to enforce on the reservations without written tribal authority.  Mr. Lent explained that he had authorized Animal Control Officer, Mr. Tim Proffitt, to contain the animal, which was suspected of biting two people on the reservation and had been informed by Mr. Proffitt that he was not allowed to enforce the regulations on the reservation.  Mr. Bruce and Mr. Lent briefly discussed the chronology of the incident, with Mr. Lent indicating that he would work with the County on resolving this situation.

 

County Dept. Reports

The Chairperson announced the County Department Report period.  The Treasurer-Tax Collector, Mr. John Treacy, and the Information Technology Director, Mr. Brandon Shults, made a power point presentation on the County’s web page and the tax roll information, which is now available on the web site.  Sheriff Dan Lucas informed the Board of a memorial service which is planned to honor two deputies killed in action many years ago. 

 

Ag Comm.-Mosq. Prgm./Benefit Assessment Public Hearing

The Agricultural Commissioner, Mr. George Milovich and Mr. Gerard Van Stein of Shultz Consultants, provided an overview of the Mosquito Abatement Program, and the procedures which were followed regarding the implementation of the Mosquito Control and Disease Prevention Assessment.  Mr. Milovich responded to questions from the Board and confirmed that he would notify the Board Members of the results of the vote as soon as they were available.  The Chairperson opened the public hearing at 10:45 a.m., to receive public input on the proposed Mosquito Control and Disease Prevention Assessment for the Owens Valley Mosquito Abatement Program.  There was no one wishing to address the Board regarding this issue.  At 10:46 a.m., the Chairperson directed the County Clerk to tabulate all ballots received for the Mosquito Control and Disease Prevention Assessment and continued the public hearing to 10:00 a.m., Tuesday, May 10, 2005 in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

Water Dept./Indy Regreening Prjct Well Location

The Acting Water Director, Mr. Arden Wallum, provided additional information on the City of Los Angeles’ location for the supply well for the Independence Regreening Project.  He informed the Board that any change in the well location would trigger CEQA requirements.  He went on to say  that while DWP is willing to consider a change in the well location, any costs associated with the CEQA process and document would be the responsibility of the County.  Mr. Wallum suggested that Staff review the CEQA process relative to a change in the location of the well to the west side, including a cost analysis and bring back their findings for further discussion and possible action by the Board.  The Board, Staff and the following Members of the Public, Ms. Loralee Cole, Ms. Nancy Masters and Mr. Gene Coufal, discussed the current proposal for the location of the well, as well as the pros and cons of relocating the well to the west side to facilitate the Sports Complex.  In response to a question from the Board, Mr. Gene Coufal of DWP informed the Board that while the well project would continue to move forward as originally proposed for the east side, it would be 9-12 months before actual work on the project begins.     The Board directed the Water Department review the proposal to relocate the proposed supply well from the east side to the west side of the Independence Regreening Project area and to report back on the CEQA requirements, including a cost analysis for any environmental documents and agendize the discussion. 

 

BofS/Tourism Month Proclamation

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the proclamation declaring May 7th – 15th as Tourism Week in Inyo County and receive an update on recent activities by the Coalition of Chambers of Commerce.  Motion carried unanimously.

 

CAO-Purchasing/ Computers P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to A) reject the bid submitted from Gateway Companies, Inc., for items 2,3,4, and 5, of Bid No. 2004-06 for computers; B) award item 1 of Bid No. 2004-06 for and approve the purchase of two All-in-One desktop computers from Tangent Computer; and C) award items 2, 3, 4, 5, and 6 of Bid No. 2004-06 for and approve the purchase of eleven laptop computers with unique product specifications and one LaserJet printer from GovConnection, Inc., as recommended by Staff.  Motion carried unanimously.

 

HHS-Soc. Serv./ Salvation Army Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and the Salvation Army for the provision of services to foster parents and mentors increasing the Contract by $2,400, for a total not to exceed $98,400 for the period of October 1, 2004, through June 30, 2007, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

 

HHS-Hlth. Serv./ L.P. Office Space Lease

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the Lease Agreement between the County of Inyo and Donald Christenson, M.D., for office space located at 380 Mt. Whitney Drive, in Lone Pine, in an amount not to exceed $2,415 per month for the period of July 1, 2005, through June 30, 2006, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

 

Rd. Dept./ Pesticide P. O.

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the purchase of 12 four-ounce bottles of Pointer pesticide from Target Specialty Products in an amount not to exceed $2,216.59.  Motion carried unanimously. 

 

Probation/Awning Donation

Supervisor Bilyeu and Chief Probation Officer, Mr. Jim Moffett, took the opportunity to thank the Teachers and Staff at the Keith Bright School for their continuing support of their students at the Juvenile Facility.  Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to accept the donation by the Keith Bright School Healthy Start Grant Program of the installation of a freestanding aluminum awning at the Inyo County Juvenile Center, waive all pertinent permit requirements and authorize the Director of Public Works to take the appropriate steps to facilitate this donation.  Motion carried unanimously.

 

Senior Prgm./ Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the FY 2004-05 IMAAA Budget Unit 612500 by increasing estimated revenue in State Other (Revenue Code #4499) by $60,787, Other Current Charges (Revenue Code #4825) by $32,796 and decreasing estimated revenue in Local Transit Tax (Revenue Code #4061) by $4,500 and Other Agencies (Revenue Code #4599) by $5,938; and increasing appropriations as recommended by Staff in the amount of $83,145.  Motion carried unanimously.

 

Clerk-Elections/ Voting System Negotiations

Moved by Supervisor Cash and seconded by Supervisor Arcularius to authorize the Clerk-Recorder to enter into negotiations with Sequoia Voting Systems for anticipated purchase of a voting system that is certified by the California Secretary of State and by the National Association of State Election Directors, with the contract to be returned for Board approval.  Motion carried unanimously.

 

Fish & Game/ Eastern Sierra Wildlife Expense

The Board and Staff discussed the request by the Eastern Sierra Wildlife Care for a fine fund expenditure.  Supervisor Williams relayed that he had spoken with a representative of the Commission who had indicated that the Commission would be conducting future meetings and addressing their “secretary” issue in the near future.  Supervisor Arcularius explained that she wanted to have a recommendation from the Fish and Game Commission prior to taking action on this request.  Moved by Supervisor Arcularius and seconded by Cash to refer back to the Inyo Mono Fish and Game Advisory Commission the request for a $1,500 expenditure from the Inyo County Fine Fund to the Eastern Sierra Wildlife Care for the temporary emergency treatment and care of injured or orphaned wildlife for FY 2004-05.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:05 p.m., reconvening at 1:15 p.m., in closed session with all Board Members present.

 

Closed Session

The Board met in closed session to discuss Agenda Items No. 14.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)] - Twelve Cases -  A)  2005-06 Annual Operations 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)  Drought Recovery Policy 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)  Impacts of Past Annual Operations Plans 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)  Operation of McNally Canals 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)  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;  F)  Reduction in Supply of Stock water and Irrigation Water 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;  G)  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;  H)  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;  I)  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;  K)  Closure of Haiwee Reservoir 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;  L)  Implementation of Mitigation Measures and/or EM Projects 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;  No. 15.  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. 16.  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 and Chief Probation Officer Jim Moffet; No. 17. PERSONNEL [Pursuant to Government Code § 54957] - Public Employee Appointment – Title:  Director of Public Works 

; and No. 18.  PERSONNEL   [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Director of Water Dept.

 

Report on Closed Session

The Chairperson recessed closed session at 5:00 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 5:00 p.m. to 9:00 a.m., May 10, 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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