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 9:00 a.m., on Tuesday, July 26, 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 Williams led the Pledge of Allegiance.

Public Comment

Auditor/Great Basin Contract

HHS-Behavioral Hlth./Sierra Recovery Center Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Sierra Recovery Center for the provision of residential alcohol and drug treatment in an amount not to exceed $25,000 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.

Rd. Dept./ Concrete Products Contract

Rd. Dept./Asphalt

Surfacing Material Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) award and approve the contract for asphalt surfacing material to Intermountain Slurry Seal, Inc., dba Desert Aggregate, in an amount not to exceed $31,678.50, including sales tax, for the period of August 1, 2005, through June 30, 2006, 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 B) authorize the issuance of purchase orders for this material on an as-needed basis.  Motion carried unanimously.

CAO-Energy Conserv. Policy

The Board and Staff reviewed the County’s Energy Conservation Policy in detail.  The County Administrator, Mr. Ron Juliff, indicated that Staff would be meeting with Southern California Edison regarding an energy audit for County facilities.  Mr. Juliff also informed the Board of legislation, which is being considered which would set OSHA temperature thresholds for outside jobs.  The Board indicated their desire to have the policy followed, excluding the items in Phase 2 and to pursue the energy audit concept.  The Board also indicated their desire to have a policy in place whereby energy requirements for facilities, offices and buildings are assessed for electrical load impact prior to the purchase of electrical equipment.  Supervisor Cash also requested that the policy be amended to qualify that “Exterior doors and operable windows where the air is conditioned will remain closed.”   

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) direct staff to recirculate the County Energy Conservation Policy, amended to qualify that doors and windows in air conditioned facilities will remain closed; B) establish a process whereby electrical load assessments are made prior to the purchase of equipment; and C) report back to the Board on the results of any energy audit which may be forthcoming and the pending legislation on temperature thresholds.  Motion carried unanimously.

Transit Program/ Director Position Reclass

HHS-Soc. Serv./ IMACA Child Abuse Prevention Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to ratify the Contract between the County of Inyo and Inyo Mono Advocates for Community Action for the provision of child abuse prevention services in an amount not to exceed $54,000 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.

Post Agenda/ Transit Prgrm. Resolution; Mosq. Abatement Prgrm. Contract Amendment and

Closed Session

The County Administrator explained that the Addendum, which was published to place the items for A) a Resolution for a 2005 Federal Transportation Act Section 5311(F) Intercity Bus Program Grant Application for CREST route funding and B) the Agricultural Commissioner’s request for an amendment to the consultant contract from Mosquito Abatement Benefit Assessment services, had the incorrect date.  He went on to explain that in order for the Board to consider the items, they need to be considered as Post Agenda items with the appropriate findings being made.  He reviewed the Staff Report, which provided the findings for these items to be considered as Post Agenda Items.  County Counsel, Mr. Paul Bruce, reviewed the request for the Board to consider a closed session Post Agenda Item entitled “Sierra Club, et al. v. City of Los Angeles, et al.” (Inyo County Superior Court Case No. SICVCV01-29768), explaining that the need to address this item arose after the Agenda for today’s meeting was published and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting.   

Moved by Supervisor Cash and seconded by Supervisor Arcularius to find that the need to take action on the following items arose after the Agenda for the July 26, 2005, Board of Supervisors Meeting was posted and there is a need to make a decision on these items prior to the next regularly scheduled meeting; therefore, the following are added as Agenda Items No. 14A and 14B and 15A. respectively:  A) the request to adopt a resolution authorizing the submittal of 2005 Federal Transportation Act Section 5311(F) Intercity Bus Program Grant Application for funds to be used for operating assistance to continue interregional bus service for Inyo and Mono Counties, and B) approval of Amendment A to the Contract between the County of Inyo and Shilts Consultants, Inc., for project administration (assessment fee calculations) for the 1998 mosquito abatement assessment, increasing the amount by $2,000 per year for FY 05-06, 06-07, and 07-08; and C) Sierra Club, et al. v. City of Los Angeles, et al.” (Inyo County Superior Court Case No. SICVCV01-29768).   Motion carried unanimously.

Public Works/ Annual Overall Goal Info.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Annual Overall Goal Information for Federal Aviation Administration Funded Projects for Federal Fiscal Year 2004-05 for the Inyo County Disadvantaged Business Enterprise Program.  Motion carried unanimously.

Resol. #2005-39/ B.P. Care Home Demo Completion

On a motion by Supervisor Cervantes and a second by Supervisor Bilyeu, Resolution No. 2005-39 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for the Big Pine Care Home Demolition Project: motion unanimously passed and adopted. 

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the minutes of the July 12, 2005, Board of Supervisors Meeting.  Motion carried unanimously. 

Resol. #2005-40/ Fed. Transit Grant Application

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution No. 2005-40 was adopted, authorizing the submission of the 2005 Federal Transportation Act Section 5311(F) Intercity Bus Program Grant Application for funds to be used for operating assistance to continue interregional bus service for Inyo and Mono Counties, and authorizing the Director of the Inyo Mono Transit Program, to submit the Grant Applications and to sign corresponding contracts, certifications and reimbursement requests relating to the aforementioned 5311(F) Grants on behalf of the County of Inyo: motion unanimously passed and adopted.

Ag. Comm./ Amendment to Shilts Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve Amendment A to the Contract between the County of Inyo and Shilts Consultants, Inc., for project administration (assessment fee calculations) for the 1998 mosquito abatement assessment, increasing the amount by $2,000 per year for FY 05-06, 06-07, and 07-08, contingent upon the Board’s adoption of future budgets and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

Integ. Waste/Solid Waste Permit Fee Ordinance Public Hearing

Supervisor Cervantes briefly left the meeting.  The Chairperson opened the public hearing at 10:10 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Inyo County Code Section 7.08.080(B) to Increase the Solid Waste Collection and Disposal Permit Fee,” (franchise fee).  Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff Report and recommendations.  There was no one from the public wishing to address this item.  The Chairperson closed the public hearing at 10:13 a.m.  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, August 2, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously, on a four-to-zero vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes and with Supervisor Cervantes absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:15 a.m., to reconvene at 10:32 a.m., with all Board Members present.

BofS/Workshop on TOT Ballot Measure

The Chairperson recessed open session at 10:32 a.m., to convene in a workshop, with all Board Members present, to conduct a workshop regarding options for developing a Transient Occupancy Tax (TOT) Ballot Measure.  The Chairperson recessed the workshop at 12:05 p.m., to reconvene in open session, with all Board Members present.

The Board thanked Ms. Jeanne Lopez for her willingness to serve on the Keeler CSD Board.  Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to appoint Ms. Jeanne Lopez to serve on the CSD’s Board of Directors for the term provided by law, in order to provide for a quorum.  Motion carried unanimously.

The Chairperson recessed open session at 12:05 p.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 15A. 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. SICVPT04-37217 (Write of Mandate). 

The Chairperson recessed closed session at 2:00 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 2:00 p.m., to 9:00 a.m., Tuesday, August 2, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.