County of Inyo

Board of Supervisors

The Chairperson announced the public comment period.  Supervisor Cervantes announced that the Kern County Board of Supervisors passed a resolution opposing the closure of Haiwee Reservoirs.

The Chairperson announced the County Department Report period.  The Auditor-Controller informed the Board of a Department Workshop she and her Staff had conducted for County employees on Auditor’s procedures.  Mr. Ron Chegwidden, Interim Public Works Director, updated the Board on the Unified Command Meeting and their efforts to be prepared for potential high run-off problems.  He encouraged the public to be proactive in cleaning out ditches, ponds and other water ways that might be susceptible to high water flows. He reiterated the Bishop Fire Chief’s sentiments reported in the Inyo Register that sand-bags should be used as the last line of defense for high-water, and confirmed that press releases and public service announcements, would be published in order to keep the public apprised of the run-off levels.  Supervisor Arcularius thanked Mr. Chegwidden and his Staff for being proactive and making sure that the Bishop By-Pass Ditch was freed of weeds and debris and ready for excess run-off.   Deputy County Administrator, Mr. Chuck Hamilton, informed the Board that a Household Hazardous Waste event was being conducted on Saturday, June 11, 2005, at the Lone Pine landfill from 9:00 a.m. to 12:00 p.m.  Planning Director, Ms. Leslie Klusmire, briefly updated the Board on the Charleston View developments, informing the Board that she had inquiries from two more developers interested in that area. 

Mr. Ron Juliff, introduced Mr. Kevin Carunchio, Deputy County Administrator, to the Board.

The Chairperson recessed open session at 8:45 p.m., to convene in a workshop with the Clerk-Recorder, Ms. Beverly Harry, who provided the Board with an in-depth report on the proposed Sequoia Voting Systems.  The Board and Ms. Harry discussed the proposed system in detail.  The Chairperson recessed the workshop at 9:25 a.m., to reconvene in open session with all Board Members present. 

The Board and Ms. Harry discussed the following request for the Board to (a) approve a contract with Sequoia Voting Systems for the purchase of Direct Recording Electronic and Optical Scan voting machines as required by State and Federal law, in addition to the Integrity voter registration system; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; (b)  authorize a loan from General Fund in the amount of $197,900 for the initial payment to the vendor, authorize a new budget unit be established for this project according to the Auditor-Controller’s policy and amend the FY 2004-05 Budget by increasing appropriations in new budget unit, Professional and Special Services (Object Code #5265) by $197,900 and direct that the loan be repaid by State Voting Modernization Act (Prop. 41) grant funds and by federal Help America Vote Act funds (4/5’s vote required);  and (c) authorize the County Elections Official to apply to the California Secretary of State for Proposition 41 (Voting Modernization Bond Act of 2002) funds and Help America Vote Act of 2002 funds to partially offset the price of the voting systems.   A motion was made by Supervisor Cash, and seconded by Supervisor Bilyeu to approve the request as presented.  The Board and Staff discussed the new equipment and software, the ability of the vendor to provide support and training for Staff, the changes to the voting process which would be required,  the funding for this system and the timing for reimbursement from the grants.  After further discussion Supervisors Cash and Bilyeu withdrew the motion.  Ms. Harry explained that during the processing of the Contract for the new voting system she had been made aware of a condition of the State’s certification of the system, which she felt needed to be addressed prior to the Board taking action on her recommendation to purchase the system.   The Board agreed with Ms. Harry’s recommendation to take no action at the present time and to consider the contract for a new voting system at a later date.

Introduction

Mr. Art Maillet, District Attorney, introduced Mr. Joel Samuels, Deputy District Attorney, to the Board.

CAO-Budget/ Third Quarter and Budget Hearings

Mr. Ron Juliff, County Administrator, presented the Board with an amendment to the recommended Third Quarter budget actions.  He provided a detailed presentation on the state of the budget and an explanation of the expected year-end fund balance, which is $1.1 million in comparison to last year’s balance of $1.9 million.  He went on to discuss the impact of the projected reductions on next year’s budget.  Mr. Juliff briefly discussed the SIP Program and confirmed that the SIP savings remain whole and were not reflected in the identified salary savings because of the SIP positions being deleted.  In response to a question regarding those departments, which exceeded their expenditures is $25,000 or more, Mr. Juliff suggested the Board query those department heads during the budget hearing discussions on those budgets.  The Board and staff discussed the year-end fund balance methodologies and processes utilized by staff, and reviewed the proposed budget calendar.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) Authorize the Auditor-Controller to make the third-quarter budget adjustments as recommended and as amended by Staff;  B) authorize the County Administrator (CAO) and the Auditor-Controller to make year-end adjustments, as necessary within each fund; C) direct the CAO to prepare a rollover budget for the start of FY 2005-06 and present it for approval on June 28, 2005; and D) set the FY 2005-06 Budget Hearings for the week of September 12, 2005.  Motion carried unanimously, with Supervisor Cervantes absent.

Resol. #2005-30/ Wind Ord. CEQA Compliance

The Chairperson opened the public hearing at 11:00 a.m., on a proposed ordinance adding Chapter 18.79 to the Inyo County Code, entitled “Regulation of Small Wind Energy Conversion Systems.”  Ms. Tanda Gretz, Associate Planner, reviewed the Staff Report and recommendations.  At the conclusion of remarks, Ms. Gretz requested that the Report and all attachments be entered into the record and they were marked Exhibit A.  There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 11:05 a.m.   The Board and Staff discussed the ordinance, with Ms. Gretz confirming that the ordinance allowed for not-for-profit wind generation and that the County’s zoning law would govern the placement and size of the structure. 

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2005-30 was adopted, certifying the negative declaration for the proposed ordinance and certifying that the requirements of the California Environmental Quality Act have been met;  motion unanimously passed and adopted.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to waive the first reading of the ordinance and schedule the enactment for 10:00 a.m., Tuesday, June 14, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Parks Tecopa Lagoon Repair Workshop

The Chairperson announced that the workshop to be conducted with Parks and Recreation Staff on the Tecopa Sewer Treatment Lagoon Repair was being postponed and would be rescheduled to a future agenda.

Ord. 1097 Crystal Geyser Roxane Zone Reclass

The Clerk requested that a letter from McCormick, Kidman & Behrens, LLP, representing Valley Livestock, Inc., dated May 16, 2005, and received after the hearing on this project was closed last week, be accepted into the record, as well as an email from Valley Livestock opposing the project.  The Chairperson directed that the correspondence be accepted into the record.  On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Ordinance 1097, entitled “An ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2001-04/Crystal Geyser Roxane and Amending the Zoning Map of the County of Inyo, by Reclassifying a 30-Acre Portion of the 120.4-Acre Parcel Located at 4050 South U.S. Highway 395, Olancha, Approximately 3 miles South of Olancha, Adjacent to, and West of U.S. Highway 395, From Open Space, 40-Acre Minimum (OS-40) to Light Industrial (M-2)” was adopted:  motion unanimously passed and adopted.

Ord. 1098 Lone Pine Film Museum Zone Reclass

Ord. 1099 McLaren Zone Reclass

Ord. 1100 Hollowell Zone Reclass

On a motion by Supervisor Bilyeu and a second by Supervisor Cash, Ordinance 1100, entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adopting Zone Reclassification No. 2004-06/Hollowell by Amending the Zoning Map of the County of Inyo, and Reclassifying Eight Parcels Located Between Panorama Drive and Rawson Creek Road, in the Community of Wilkerson from Single Residence and Mobile Home Combined (RMH-1.0 Acre Minimum) to Single Residence and Mobile Home Combined (RMH – 0.5 Acre Minimum,)” was adopted: motion unanimously passed and adopted.

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2005-31 was adopted allowing Inyo County to participate in the 2005-06 Waste Oil Recycling Grant – Eleventh Cycle: motion unanimously passed and adopted.

Disaster Serv./ Enviroguide Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve Amendment No. 3 to the Contract between the County of Inyo and Enviroguide for training and development services, increasing the contract by $9,000 for an amount not to exceed of $25,560, for the period of July 1, 2004, through June 30, 2005; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

Transit/Bus Procurement Fee Payment

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize payment of an invoice from the State of California, Department of General Services in the amount of $2,706.80 representing the procurement fee for the purchase of one public transit bus.  Motion carried unanimously.

CAO-Info Serv./ Microsoft Select

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Microsoft Select Enrollment and authorize the County Administrator to sign.  Motion carried unanimously.

HHS-Behavioral Hlth./Hall Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Kimberly Hall, Psy.D, for the provision of mental health services in an amount not to exceed $5,000, 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.

HHS-Behavioral Hlth./Vista Pacifica Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Vista Pacifica Center for the provision of mental health placement services in an amount not to exceed $50,000, 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.

HHS-Behavioral Hlth./Gonzalez Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Maria Lourdes Gonzalez, LMFT, for the provision of mental health services in an amount not to exceed $12,000, 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.

HHS-Behavioral Hlth./Dogris Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Nicholas J. Dogris, Ph.D., for the provision of mental health services in an amount not to exceed $12,000, 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.

HHS-Behavioral Hlth./A.V. Hospital Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Antelope Valley Hospital for the provision of inpatient mental health services, including professional services, in an amount not to exceed $10,000, 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.

HHS-Behavioral Hlth./Merced Health Center Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Merced Behavioral Health Center for residential placement for adults in a locked facility, in an amount not to exceed $50,000, 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.

HHS-Behavioral Hlth./Laurel Park Center Contract FY 2004-05

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify the Contract between the County of Inyo and Braswell Enterprises dba Laurel Park Center for conservatee placement services in an amount not to exceed $15,000 for the period of March 17, 2005 through June 30, 2005; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Behavioral Hlth./Laurel Park Center Contract FY 2005-06

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Braswell Enterprises dba Laurel Park Center, for conservatee placement services, in an amount not to exceed $50,000, 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.

HHS-Behavioral Hlth./Canyon Acres Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Canyon Acres Children & Family Services for the provision of mental health services, in an amount not to exceed $26,000 for the period of March 1, 2005, through June 30, 2005, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Behavioral Hlth./Office of Ed MOU

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Memorandum of Understanding (MOU) with the Inyo County Office of Education for the receipt of $35,725 to provide mental health services to emotionally disabled children for FY 2004/05; and authorize the Director of Health and Human Services to sign.  Motion carried unanimously.

HHS-In-Home Suppt. Serv./ Community Serv. Solutions Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  Community Service Solutions for Employer of Record Services in an amount not to exceed $283,941, for the period of July 1, 2005, through June 30, 2008, contingent upon the Board’s adoption of a FY 2005-06 Budget and future year budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Soc. Serv./ State Community Care Licensing Div. Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and  the State of California Department of Social Services – Community Care Licensing Division for the provision of Family Child Care Licensing functions, for the period of July 1, 2004, through June 30, 2006; and authorize the Chairperson to sign.  Motion carried unanimously.

HHS-Soc. Serv./ MOU Emerg. Response Child Abuse Reporting

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Memorandum of Understanding with the Southern Region of California Counties outlining procedures for emergency responses to reports of child abuse and/or neglect; and authorize the Director of Health and Human Services to sign.  Motion carried unanimously.

HHS-Misc./Grove Street Lease

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Lease between the County of Inyo and Connie and Michael Layne Trust for the property at 162 Grove Street, in Bishop, in an amount not to exceed $5,400 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.

P.W./MHA Env. Consultants Contract Amendment

P.W./CSA2 Appointment

P.W./Darwin Water System Plans & Specs.

P.W./Eastern Sierra Reg. Airport Lease Modification

Rd. Dept./Hay St. Road Closure

Sheriff’s/Identix Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Identix, Inc., for the provisions of services and maintenance of Identix Equipment 9/5 coverage in an amount not to exceed $9,000 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.

District/B.P. Cemetery Dist. Appointment

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to appoint Ms. Virginia MacLeod to fill a vacancy on the District Board of Trustees, to complete an unexpired term ending May 31, 2007.  Motion carried unanimously.

County Counsel. GBAPCD Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Agreement between Great Basin Unified Air Pollution Control District and the County of Inyo for County Counsel’s Office to provide certain legal services to the District during the period of July 1, 2005, through June 30, 2006, for the sum of $12,500; and authorize the Chairperson to sign.  Motion carried unanimously.

Water/2005-06 Operation Plan

Recess/  
Reconvene

Parks/Workshop Tecopa

The Board conducted a workshop with a representative of CLM on the Tecopa Campground Operations.  The Board concluded this workshop at 1:50 p.m.

HHS-First 5 Workshop

Planning/SRVA Appeal of Walters Project Approval

(a)   the June 2, 2005 Letter from the Appellant’s Attorneys, Shute, Mihaly & Weinberger, LLP, including the exhibits was marked Exhibit A;

(b)   the June 1, 2005 letter from Baseline Environmental Consulting addressing the Whitney Portal Preserve Subdivision, Draft and Final Environmental Impact Report was marked Exhibit B;

(c)   the letters received by the Board and submitted by Supervisor Cash were marked Exhibit C;

(d)   the June 2, 2005 letter from Ms. Irene Jensen was marked Exhibit D;

(e)   the May 4, 2005 letter from James Newton was marked Exhibit E;

(f)    the May 4, 2005 letter from Linda Smith was marked Exhibit F;

(g)   the May 5, 2005 letter from Drew and Judy Wickman was marked Exhibit G; and

(h)   the copy of an email received by County Counsel’s office via FAX and titled “Anger Piqued Beneath a Peak” was marked exhibit H. 

Ms. Tanda Gretz, Associate Planner, reviewed the Staff Report and recommendations.  At the conclusion of Ms. Gretz’ comments, she requested that the Staff Report, the attachments and the EIR be entered and they were marked Exhibit I.  Ms. Gretz also requested that additional public comment correspondence received by the Planning Department be entered and they were marked Exhibits J and K.  

Mr. Richard Slade and Mr. Andy Holmes addressed the Board to support the project.   Mr. Jim Walter, the Applicant, addressed the Board and asked that photographs of the project location be entered and they were marked Exhibits L, M, N, and O.  

Mr. Andrew Morin spoke opposing the project.  Ms. Christine Hancock representing the Save Round Valley Alliance, the Appellants, addressed the Board to oppose the project and submitted 53 letters also opposing the project and asked that they be entered.  They were marked Exhibit P.  The following addressed the Board to oppose the project:  Mr. Robert Frickel, Mr. Robert Farrell, Mr. John Walter, Mr. Jim Corpora, Mr. Duane Warth, and Ms. Gina Davis.  Mr. Mike Slates opposed the project and submitted an envelope containing seven photographs, which were entered as Exhibit Q.  Ms. Constance Spenger opposed the project and submitted a letter into the record, which was marked Exhibit R.  Ms. Kathleen New, Ms. Jaque Hickman, Mr. Doug Thompson and Mr. Gavin Wilkenson, addressed the Board to support the project.  

The Board and Staff discussed the project in detail, with the Planning Director, discussing the information provided in Exhibit B.  Ms. Klusmire suggested that the Board continue this item in order to provide the Board with adequate time to review the voluminous amount of documents received and to provide Staff the opportunity to review the information and provide a subsequent Staff Report.  County Counsel provided clarification on the process whereby the Board could consider the information submitted during the public hearing, without indefinitely delaying the decision making process.  

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to (a) direct the Planning Department to review the information provided during the public hearing on this matter and provide a Staff Report of that review for the Board’s consideration during the July 12, 2005, Board Meeting; (b) close the comment period on the EIR for this project; (c) continue the public hearing for the purposes of considering and taking public comment only on the additional Staff Report; and (d) continue the request to deny the appeal and affirm the April 27, 2005, Planning Commission decision to approve Tentative Tract Map #239/Walters; to adopt a resolution certifying the Final Environmental Impact Report and approving Tentative Tract Map #239/Walters to the July 12, 2005 meeting.  Motion carried unanimously.  

The Chairperson, at 5:30 p.m., continued the public hearing on the subsequent Staff Report on the Appeal of the Planning Commission’s approval of Tentative Tract Map No. 239/Walters to 10:00 a.m., July 12, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence. 

Supervisor Arcularius introduced the request for the Board to consider a future ballot measure increasing the Transient Occupancy Tax (TOT).  The Board, Staff and members of the audience discussed the proposal, which included (a) the amount to raise the tax; (b) whether to make it a special tax or a general tax; (c) if it is a special tax how should the funding be allocated, i.e., public safety, law enforcement, chambers of commerce, etc.; (d) whether to include the tax on campgrounds and RV Parks; and (e) the effect of dedicating funds to law enforcement on Prop 172 funding.  Ms. Jaque Hickman addressed the Board to oppose the inclusion of campgrounds and RV Park’s in this proposal.  County Counsel, Mr. Paul Bruce, reviewed the calendar of elections, which is available for special and general elections as they relate to special and general taxes, as well the applicability of CEQA to a special tax.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to consider March of 2006 as the date to consider a possible increase of the TOT in an amount to be determined at a later date and direct Staff to schedule a workshop for further discussion of this proposal for the third meeting in July, 2005.  Motion carried unanimously.

Ms. Leslie Klusmire, Planning Director, reviewed the status of the proposed projects in the Charleston View area, and provided additional information and justification for the recommended contract for development assistance.  Ms. Klusmire also provided the Board with a copy of the signed contract.  The Board and Staff discussed the funding for this contract.  Ms. Klusmire confirmed that there was no money available in her 2004-05 Department Budget to fund the portion of the contract to be expended this fiscal year.  Supervisor Arcularius expressed concern with beginning this contract immediately, thus requiring contract funding prior to the role-over budget.  Supervisor Arcularius went on to explain that if the contract begins after the rollover budget is approved, there will be funding available in the Planning budget to cover the contract.  Supervisor Williams suggested the possibility of utilizing reserve funds should the Board decide there is an immediate need for these contract services.  Ms. Leslie Chapman, Auditor-Controller, expressed her concern with tapping into reserves this late in the fiscal year.  Ms. Klusmire explained that in an effort to expedite the County’s efforts with regard to the proposed development projects she had calendared several meetings and a workshop, which would have to be postponed should the Board not approve this contract as recommended.  Supervisor Cash requested and was provided a review of the difference in the scopes of work for the two versions of the Contract, which were provided to the Board.  The County Counsel provided a variety of alternatives available to the Board in order to approve the contract.  Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Economic & Planning Systems, Inc., (EPS) for development planning services in an amount not to exceed $35,000, beginning July 1, 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.  Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the minutes of the following Board of Supervisors Meetings: A) the Special Meeting of May 4, 2005; B) the Regular Meeting of May 10, 2005; and C) the Special Meeting of May 24, 2005.  Motion carried unanimously.

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to A) amend the FY 2004-05 Transportation and Planning Trust Budget Unit 504605 as follows: decrease appropriations in Professional and Special Services (Object Code #5265) by $35,000 and Office Equipment > $5,000 (Object Code #5669) by $10,000; and take $13,561 from unappropriated reserves and increase appropriations in Other Equipment > $5,000 (Object Code #5670) by $58,561; and B) approve the purchase order to California Surveying and Drafting Supply in an amount not to exceed $58,560.53.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) amend the FY 2004-05 Deferred Maintenance Budget Unit 011501 by increasing appropriations from unappropriated reserves in Other Professional Services (Object Code #5265) by $735; Maintenance of Structures (Materials) (Object Code #5199) by $1,120 and Maintenance of Structures (Labor)(Object Code #5191) by $1,325; and B) approve the purchase orders to ServiceMaster of the Eastern Sierra in the amount of $735; Country Glass in the amount of $1,321.55 and to McMaster-Carr in the amount of $523.06.  Motion carried unanimously.

Mr. Ron Chegwidden, Interim Public Works Director, provided additional information and further justification for the recommended change in authorized strength.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) approve a change in authorized strength by deleting one Road Maintenance Specialist position at Range 58 to 60 and adding one Road Equipment Operator position at Range 58 ($2,474 - $3,009) and B) waive the hiring freeze and authorize the filling of two Road Equipment Operator positions at Range 58.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) establish a County of Inyo Financial System Project Oversight Committee comprised of the following members: Mr. Ron Juliff, County Administrator; Mr. John Treacy, Treasurer-Tax Collector; Ms. Leslie Chapman, Auditor-Controller; Mr. Brandon Shults, Information Services Manager; and Mr. David Archer, Project Consultant; and two members of the Board of Supervisors; B) appoint Supervisors Arcularius and Cervantes to represent the Board of Supervisors on the committee; and C) direct that the committee hold, at least, regular monthly meetings for the duration of the project.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the FY 2004-05 District Attorney Budget Unit 022400 by increasing estimated revenue in Restitutions (Revenue Code #4676) by $8,206 and increasing appropriations in Special Appropriations (Object Code #5321) by $8,206.  Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to establish the Used Oil Grant Budget – 10^th Cycle Budget Unit 640111 and increase estimated revenue in Used Oil Grant – 10^th Cycle Budget Unit 640111, State Grants (Revenue Code #4498) by $15,000 ($13,500 in FY 04-05 and $1,500 at a future date) and increase appropriations in Professional Services (Object Code #5265) by $10,044, Advertising (Object Code #5263) by $4,450 and County Cost Plan (Object Code #5315)  by $506.  Motion carried unanimously.

The Board and Staff discussed the recommendation to utilize some unexpected revenue in the Solid Waste Budget to begin setting aside funding for a new gatehouse at the Bishop-Sunland Landfill.  The County Administrator explained that the Risk Manager had identified a potential exposure to Hanta Virus at the existing facility as the reasoning for requesting a new facility.  The Board and Staff discussed this recommendation, with Supervisors Cervantes and Bilyeu questioning why the same types of gatehouses used at the other landfills would not suffice for the Bishop-Sunland Landfill and with Supervisor Cash expressing concern with prioritizing this project as opposed to using the funding for other projects such as the Statham Hall roof replacement.  Moved by Supervisor Arcularius with no second to amend the FY 2004-05 County Budget as follows A) increase estimated revenue in Solid Waste Budget Unit 045700, Insurance Payments (Revenue Code #4747) by $42,811 and increase appropriations in Other Agency Contributions (Object Code #5539) by $73,652 and decrease appropriations in Site Improvements (Object Code #5645) by $30,841; and B) authorize the Auditor-Controller to set up a trust fund entitled “Bishop-Sunland Gatehouse” and increase estimated revenue in new trust Other Agency Contributions (Revenue Code #4599) by $73,652. The motion failed on a two-to-three roll call vote, with Supervisors Arcularius and Williams voting yes, and with Supervisors Cash, Bilyeu and Cervantes voting no.

The Chairperson recessed open session at 7:30 p.m., to convene in closed session to discuss Agenda Items No. 50.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)] – One Case - 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;  No. 51.  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. 52.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)] – Inyo Citizens for Better Planning v. Inyo County; Inyo County Board of Supervisors et al., Inyo County Superior Court Case No. SICVPT05-38164 (1); No. 53.  PERSONNEL   [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Director of Public Works; No. 54.  PERSONNEL   [Pursuant to Government Code § 54957] - Public Employee Appointment - Title:  Director of Water Department; No. 55. 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. 56.   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. 57.  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. 58.  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 10:00 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.   

The Chairperson adjourned the regular meeting at 10:00 p.m., to 9:00 a.m., June 14, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.