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, September 6, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, and Jim Bilyeu.  Supervisor Cervantes was absent.  Supervisor Bilyeu provided the Invocation, and Supervisor Williams led the Pledge of Allegiance.

The Chairperson announced the public comment period and announced that Agenda Item No. 26A, from the Water Department would be addressed immediately following the timed Agenda Item No. 17, scheduled for 10:00 a.m., also from the Water Department.  Ms. Kenny Scruggs, Independence Resident, addressed the Board to speak to items 17 and 26A.  She initially requested that the Board have a public discussion on the process to place Agenda Items on an Agenda.  She then asked that items 17 and 26A be re-agendized to a future meeting at a specified time in order to afford the public the opportunity to participate in the discussions.  She also encouraged the Board to fund the Water Department adequately to pursue enforcement of the Long Term Water Agreement and other issues impacting the Water Department, and to not enter into the agreement identified in Agenda Item No. 26A.  Ms. Kathy Goss, representing the Darwin CSD, requested the Board agendize an item regarding the CDBG Darwin Water Project for next week.  Mr. Larry Kraus, Darwin Resident, addressed the Board to support requesting an extension on the Darwin Project CSD CDBG Grant and to provide information to the County Administrator, on CDBG grant extensions and Supervisor Arcularius on use of volunteer labor on CDBG Projects.  Mr. Derrick Vocelska, District One Resident, addressed the Board to express his desire to see the Water Department fully funded and to suggest that a tax be imposed on the citizens of the County to pay for the Water Department and water issues.  He also suggested that the Board work with the other MOU agencies, i.e., the Sierra Club and the Owens Valley Committee, as partners in the protection of water interests in the Valley.  In response to a question from the Chairperson, Mr. Vocelska confirmed his willingness to spearhead the effort to place a tax increase before the voters. 

The Chairperson announced the County Department Report period.  Mr. John Treacy, Treasurer-Tax Collector, informed the Board that the County has received the first installment of funds for the Financial System and Network Upgrade Projects.  He indicated that he would be providing a more detailed report to the Financial System Oversight Committee.  He also highlighted the fact that this Board along with past Board’s had funded crucial projects, like the new Jail and Administrative Center, the Juvenile Facility, the Sheriff’s Radio Network and the purchase of Solid Waste Equipment without the imposition of taxes on its citizen’s.  Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on State/County emergency assistance for hurricane victims.  She indicated all California counties are being asked to help in relocation efforts for disaster victims.  Ms. Dickinson informed the Board that local efforts would be coordinated through our shelter partners, the Red Cross and the Salvation Army.

The Chairperson recessed open session at 9:35 a.m., to convene in closed session with all Board Members present, except Supervisor Cervantes, to address Agenda Item No. 3.  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 (1).

Report on Closed Session

The Chairperson recessed closed session at 10:40 a.m., to reconvene in open session, with all Board Members present, except Supervisor Cervantes, 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.   

Supervisor Bilyeu expressed a desire to have the items concerning the Water Department postponed until next week, when Supervisor Cervantes would be available to participate in the discussions. The Chairperson explained that Supervisor Cervantes was in Washington, D.C. to discuss Yucca Mountain funding with our federal legislators.   

Ms. Ellen Hardebeck, representing the League of Women Voters, asked to make comment today because she will be unavailable next week.  Ms. Hardebeck submitted a letter dated September 6, 2005, from the League to support adequate financing of the Water Department and to oppose the LORP Agreement in its present form.  County Counsel, Mr. Paul Bruce, responded to a question regarding the language of the Agreement in Section I, suggesting that the term “such conditions of the stay”, could be proposed to LADWP to provide further clarification.  Supervisor Arcularius informed the public that she was prepared to move forward today, but in deference to the wishes of the other Board Members would be willing to postpone the discussion to next week to afford Mr. Cervantes the ability to participate. 

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to postpone to 10:00 a.m., next week Tuesday, September 13, 2005, Item No. 17, the request by the Water Commission for the Board to A) direct the Water Department to make the development of provisions to augment or replace the existing groundwater management provisions of the Green Book a priority to be completed within one year and if possible to work cooperatively with the Los Angeles Department of Water and Power and Montgomery Watson Harza in this work and if cooperative effort is not possible the Department is to conduct the work independently; B)  provide sufficient funding to the Water Department (using funds allowed under Court Order of August 8, 2005 per the next recommendation or General Funds if funds do not become available for use by the Water Department under the Court Order,) to prevent the loss of its current GIS/LAN Coordinator and to adequately staff the Department so that it can perform the work directed above and other work of the department including monitoring and analysis, enhancement and mitigation projects, mitigation measures and the Lower Owens River Project; and C)  seek modification of the Court Order of August 8, 2005 in Sierra Club v. Los Angeles to allow a portion of the $5,000 per day payments to be made by LADWP be used to augment existing funding provided by LADWP under the Water Agreement to fund the Water Department; and Item No. 26A., the request by the Water Department, County Counsel and the County Administrator for the Board to approve the attached proposed agreement between the County of Inyo and the LADWP regarding funding for the LORP and authorize and direct the County Administrator to execute the agreement.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Avery Associates for the provision of executive search services for the Public Works Director recruitment, for the period of August 1, 2005, through June 30, 2006, in an amount not to exceed $19,900, 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, with Supervisor Cervantes absent.

Child Support Serv./Long Beach Genetics Contract

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Long Beach Genetics for the provision of genetic testing services for the period of July 1, 2005 through June 30, 2006, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

Child Support Serv./Checking Account

Resol. #2005-45/ Statutory Rape Vertical Prosecution Grant

Resol. #2005-46/ Drug Suppression Task Force Grant

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution No. 2005-46 was approved, authorizing the submittal of the reapplication for Inyo County Drug Suppression Task Force Grant to the Office of Emergency Services for FY 2005-06; and authorize the District Attorney to sign: motion unanimously passed and adopted, with Supervisor Cervantes absent.

Resol. #2005-47/ Victim/Witness Grant

On a motion by Supervisor Cash and a second by Supervisor Bilyeu, Resolution No. 2005-47 was approved, authorizing the submittal of the reapplication for Inyo County Victim/Witness Grant to the Office of Emergency Services for Fiscal Year 2005-06; and authorize the District Attorney to sign:  motion unanimously passed and adopted, with Supervisor Cervantes absent.

HHS-Behavioral Hlth./NNA Contract Amendment

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the 2004-05 Final Amendment to the standard Negotiated Net Amount (NNA) contract between the County of Inyo and the State of California, Department of Alcohol and Drug Programs in a total amount of $488,197 for FY 2004-05; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Social Serv./ Regents of University of CA Training Contract

HHS-First 5 Comm./IMACA Contract

Rd. Dept./State Controller Contract for Annual Road Report

Rd. Dept./Fed. Apportionment Exchange Program

Sheriff/State Contract for Radio Maintenance

The Board and Staff discussed the suggestion to invite the new LADWP Water Commissioners to meet with County Representatives.  Supervisor Arcularius expressed her desire to see that the Mayor and City Council are included in any meeting plans.  She explained that the City Council is clearly designated as a representative to the Standing Committee and that she believes it is important to have appointed Commission to appointed Commission and elected Board to elected Council interaction in this process.  The Board requested that Staff work with the Chairperson to develop recommendations for inviting the new LADWP Water Commissioners and the City of Los Angeles to meet with representatives of Inyo County for further consideration by the Board to include (a) having a joint meeting to be held in Independence, (b) that the invitation include the Inyo County Water Commission and the Los Angeles Mayor and City Council and/or member representatives; (c) that Inyo County offer to also meet in Los Angeles; (d) that no action be taken at

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify the Contract between the County of Inyo and Inyo Mono Advocates for Community Action for the provision of services pursuant to the Workforce Investment Act, for the period of July 1, 2005 through June 30, 2006, in an amount not to exceed $100,000, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to ratify the Contract between the County of Inyo and the State Department of Mental Health for the provision of specialty mental health services as the MediCal Managed Care Plan for Inyo County, for the period of July 1, 2005 through June 30, 2006, in the amount of $177,727, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

Ms. Jean Dickinson, Director of Health and Human Services, provided additional information and further justification for the request to fill two Account Technician positions and one Account Clerk position, explaining that the Department attempted to manage the work performed by these positions through disbursement to other staff and with temporary help.  She went on to explain that the alternative solutions were unsuccessful and that the positions are required in order to ensure proper MediCal billing in Mental Health.  She also confirmed that there is no general fund dollars expended for these positions.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to waive the hiring freeze and authorize the hiring of two Account Technician I positions at a Range 55 ($2,308 - $2,806) and one Account Clerk I position at a Range 43 ($1,750 - $2,128).  Motion carried unanimously, with Supervisor Cervantes absent.

The Deputy County Administrator, Mr. Chuck Hamilton, explained that this contract would provide weekly dumping of chemical toilets at the Big Pine Transfer Station and the Bishop-Sunland and Lone Pine Landfills, in contrast to past contracts, which provided monthly dumping. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the Agreement between the County of Inyo and Bishop Waste Disposal for chemical toilet services at the Big Pine Transfer Station, Bishop-Sunland, Independence, and Lone Pine landfills for the period of September 1, 2005, through June 30, 2006, in an amount not to exceed $5,280, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to waive the hiring freeze and authorize the filling of one Administrative Secretary II position at Range 60 ($2,595 - $3,151) and one Account Clerk III position, at range 51 ($2,103 - $2,552).  Motion carried unanimously, with Supervisor Cervantes absent.

The Deputy County Administrator confirmed that the two vacant equipment operator positions are budgeted in the 05-06 Budget at Range 56.  He went on to explain that every attempt will be made to fill the vacancies at the entry-level positions, which, if successful, would result in salary savings.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to waive the hiring freeze and authorize the filling of two Equipment Operator positions at the I or II level, Ranges 54 ($2,252 - $2,739) or 56 ($2,363 - $2,870).   Motion carried unanimously, with Supervisor Cervantes absent.

County Counsel, Mr. Paul Bruce, responded to a question from Supervisor Arcularius, regarding her ability to approve only a portion of a meeting.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to approve the minutes of the Board of Supervisors Meetings of August 9, 2005 and August 11, 2005.  Motion carried unanimously, with Supervisor Cervantes absent.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the minutes of the August 16, 2005 Board of Supervisors meeting, with Supervisor Arcularius only approving the portion of the minutes of the meeting for which she was in attendance.  Motion carried unanimously, with Supervisor Cervantes absent.

Supervisor Arcularius requested that future requests for the expenditure of Inyo Fine Fund include a current balance in the fund.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve a $1,500 expenditure from the Fine Fund to the Eastern Sierra Wildlife Care for the temporary emergency treatment and care of injured or orphaned wildlife.  Motion carried unanimously, with Supervisor Cervantes absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including Supervisor Cash reporting on an inspection of the new Laws Water Tower, highlighting the amount of volunteer labor and donated equipment which was used to complete the project; an RCRC Board of Directors Meeting; an AULG Meeting held in Las Vegas attended by Supervisor Williams, who indicated that he would have an item agendized for the Board’s further discussion of this matter after Supervisor Cervantes’ and the Planning Director’s return from Washington, D.C.

The Chairperson recessed the regular meeting at 12:00 p.m., to reconvene in closed session at 1:15 p.m., with all Board Members present, except Supervisor Cervantes.

The Board met in closed session  to discuss Agenda Items No. 28.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Inyo County Employees Association/AFSCME Local 315 vs. County of Inyo – PERB Case No. SA-CE-344-M; No. 29.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Inyo County Employees Association/AFSCME Local 315 vs. County of Inyo – PERB Case No. SA-CE-345-M; No. 30.  CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(b) – Two Cases; and No. 31.  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.

The Chairperson recessed closed session at 4:35 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 4:35 p.m., to 9:00 a.m., Tuesday, September 13, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.