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 a.m. 8:30 a.m., Tuesday, December 13, 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 Cash led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period and there was no one wishing to address the Board.

Emergency Serv./ Enviroguide Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Amendment #2 to the Contract between the county of Inyo and Enviroguide for Emergency Management Consulting Services, extending the ending date of the Contract from December 31, 2005 to June 30, 2005; and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

CAO-Personnel/ Hollowell VSO

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to appoint Investigator Jeff Hollowell to the position of Veteran Service Officer for Inyo County.   Motion carried unanimously.

CAO-Info Serv./ Reissue Network Bid

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to authorize the re-advertisement and re-issuance of the County of Inyo Network Project Bid.   Motion carried unanimously.

CAO-Info Serv./ Mailing System Rental Agrmnt.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Pitney Bowes mailing system rental agreement at the rate of $113 per month for a period not to exceed 63 months contingent upon the approval of future budgets; and authorize the Chairperson to sign.   Motion carried unanimously.

Motor Pool/Farm Advisor Vehicle Repair

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to authorize the necessary repair of the Farm Advisor’s vehicle and approve a purchase order to Inyo Mono Body Shop for the repairs in an amount not to exceed $2,469.78.   Motion carried unanimously.

D.A./Orange County Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Joint Powers Agreement between the County of Inyo and Orange County for forensic analysis and criminal investigation services; and authorize the County Administrator to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./JPA Mental Health System Coalition

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) approve the new Joint Powers Agreement as part of eleven counties California Regional Mental Health System Coalition to identify, purchase and implement a new automated billing and data management system (formerly Mental Health Data System Microcomputer Users Association) and authorize the Chairperson to sign; and B) approve the resulting Memorandum of Understanding between the coalition and the County of Inyo and authorize the Chairperson to sign.   Motion carried unanimously.

Planning Dept./ Ver Hoef Parcel Mergers

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Certificate of Compliance No. 243/Ver Hoef (Boundary Line Adjustment) and Parcel Mergers No. 2005-02 through 2005-05/Ver Hoef, as recommended by Staff.   Motion carried unanimously.

P.W./Bishop Museum Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Contract between the County of Inyo and the Bishop Museum and Historical Society extending the ending date of the Contract from December 31, 2005, to December 31, 2006, 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.

P.W./Tri-State Surveying Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Contract between the County of Inyo and Tri-State Surveying, Ltd., extending the ending date of the Contract from December 31, 2005 to June 30, 2006; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

P.W./MHA Environmental Consulting Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Amendment No. 3 to the Contract between the County of Inyo and MHA Environmental Consulting, Inc., for the provision of environmental consulting services for the Laws Railroad and Riverside Bridge Replacement Projects, increasing the Contract by $15,985 to an amount not to exceed $183,132, amending the scope of work and travel and per diem payments and amending the term of the Contract to end December 31, 2006, 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.

P.W./MHA Consulting Dehy Park Project Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the contract between the County of Inyo and MHA Environmental Consulting, Inc. for the Dehy Park Improvement Project, for the period of December 13, 2005 through December 31, 2006, in an amount not to exceed $109,000; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Rd. Dept./ Western Emulsions P. O.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to declare Western Emulsions, Inc. of Dana Point, California a sole-source provider of PASS emulsion for use in the maintenance of County roads and authorize the purchase of 24 tons of PASS emulsion from Western Emulsions, Inc., in an amount not to exceed $14,182.80.   Motion carried unanimously.

BofS/Stewart Valley Roads

The Chairperson announced that the Stewart Valley Estates Lot and Homeowners Association had pulled their request for a discussion on their road maintenance and safety concerns.

Closed Session

The Chairperson adjourned the regular meeting at 8:35 a.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 2.   PERSONNEL – [Pursuant to Government Code § 54957] Public Employee Performance Evaluation, Title:   Chief Probation Office; and No. 3. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] Instructions to Negotiators re: wages, salaries and benefits, Title: Chief Probation Officer   - Negotiators:   Members of the Board of Supervisors as designated.

Report on Closed Session

The Chairperson recessed closed session at 10:00 a.m. to reconvene in open session with all Board Members present.   County Counsel reported there were no items discussed in closed session, which were required by law to be reported on in open session.  

Sheriff/Discharge of Firearms Ord.  

Moved by Supervisor Cervantes and seconded by Supervisor Cash to waive the first reading of an ordinance amending the Inyo County Code Section 9.28.040, relating to discharge of firearms in designated safety zones; and B) schedule the enactment for January 3, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence.   Motion carried unanimously.

Ord. 1104/ Fortney Zone Reclass

On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Ordinance 1104 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2004-07/Fortney and Amending the Zoning Map of Inyo County, be Reclassifying a ½-Acre Parcel in the Community of Aberdeen from Commercial Recreation, 5.0 Acre Minimum (C-5-5.0) to Highway Services and Tourist Commercial, 0.5-Acre Minimum (C-2-0.5),” was adopted: motion unanimously passed and adopted.

Ord. 1105/ LADWP Zone Reclass

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Ordinance 1105 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, approving Zone Reclassification No. 2005-01/LADWP and amending Title 18 of the Inyo County Code, the Inyo County Zoning Ordinance, by Reclassifying a 2.36-acre Site (Part of APN 013-020-07), from Public (P) to General Industrial & Extractive (M-1),” was adopted: motion unanimously passed and adopted.

Planning-Yucca Mtn./Consultant Update

Mr. John Gervers, Yucca Mountain Consultant, updated the Board on Yucca Mountain related activities and issues, including a change in DOE’s program, the consideration of reprocessing the waste, the permitting process, private storage program, the GENI program, Inyo County’s AULG funding, and ground water studies.

Resol. #2005-63/ Law Library Filing Fee Increase

The Chairperson opened the public hearing at 10:47 a.m., to consider a proposed resolution increasing Law Library Filing Fees.   Mr. Kevin Carunchio, Deputy County Administrator reviewed the Staff Report and recommendations.   There being no one from the public wishing to address the Board, the Chairperson closed the public hearing at 10:51 a.m.   On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2005-63 was adopted, increasing the Law Library Filing Fee by $3.00 effective January 2, 2006: motion unanimously passed and adopted.

Integ. Waste/ Solid Waste Collection Permits

The Board and Staff discussed the Solid Waste Collection/Transportation Permitting process.   Mr. Dale Comontofski of Preferred Septic addressed the Board to request that the permit be issued for longer than a one-year period, indicating his preference would be 3 to 5-years.   He also addressed a concern that he has with certain haulers drastically reducing their pricing which would affect the amount of money received by the County.   The Board and Staff discussed the possibility of establishing an amount to be charged associated with the volume of waste being dumped which would ensure that the County was protected in situations where rates are reduced, yet the same or greater amount of waste is being deposited in the landfills.   The Board, Staff and Mr. Comontofski continued to discuss setting a minimum floor price for waste haulers.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) approve the issuance of a 2006 Solid Waste Collection/Transportation Permit to Bishop Waste Disposal, Inc.,/Sierra Disposal (Area A and B respectively), Preferred Septic and Disposal (Areas A and B), Benz Sanitation (Areas C and F), Pahrump Valley Disposal (Areas D and E), and M. P. Environmental (Area G) to operate in Inyo County; B) authorize the Deputy County Administrator to sign the permits; and C) direct Staff to bring back an ordinance change to extend the permits from one year to three and five years respectively, as well as the discussion regarding implementing a fee based on volume for waste haulers.   Motion carried unanimously.

Museum/Virtual Museum TEA Funding

Mr. Kevin Carunchio, Deputy County Administrator, introduced the Virtual Transportation Museum concept, explaining the project in some detail.   The Board and Mr. Carunchio discussed the museum priorities and staff levels, the ability of the County to support this project, an archive policy for museum photos, copyright and royalty potential for the images that will be incorporated into the virtual format, matching funds requirements, and the LTC’s involvement in the project.   Mr. Bob Ennis, project proponent, addressed the Board to provide clarification and further information on the project.   Ms. Arlene Grider of the Independence Chamber of Commerce addressed the Board to support the project.   Mr. Ron Chegwidden, Public Works Director, discussed the LTC’s participation and the placement of such a project in the next STIP cycle.   The Board and Staff went on to discuss project oversight and 2006 TEA Grant projects.   Moved by Supervisor Cash and seconded by Supervisor Bilyeu to issue a letter supporting the submittal of a preliminary Transportation Enhancement Activity (TEA) Grant application to fund “The Virtual Transportation Museum: An Online History of Surface Transportation in Eastern California” Project to the Local Transportation Commission (LTC) on the condition that the matching funds need to be identified from some other entity than the County and that the project be done with County forces.   Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:25 p.m., to reconvene at 1:05 p.m., with all Board Members present.

Water Dept./ Hines Spring Mitigation

Mr. Tom Brooks, Water Director, reviewed the request for a discussion regarding the potential mitigation measures that are being considered for implementation of the Hines Spring Mitigation Project Draft Final Phase II and Phase III Report.   He explained that the project is being analyzed from a technical perspective not a policy perspective.   The Board and Staff discussed the project in great detail, including discussing the following: (a) who developed the scope of work for both Ecosystems and Otis Bay’s work on the project; (b) lack of an adequate project description for an EIR; (c) the lack of collaboration and input from the lease holders; (d) the incompleteness of Task 2; (e) the inadequacy of Task 5 since grazing was not included in Tasks 1 and 2; (f) the possibility of seeking an extension from the Judge for this project; (g) the importance of the Ranchers and Cattlemen involvement and (h) the White Horse Report to Ecosystems.   Mr. George Milovich, Agricultural Commissioner and the following addressed the Board to stress the importance of addressing the grazing issues:   Mr. Gary Giacomini, Mr. Mark Lacey, Mr. Scott Kemp, and Mr. Mark Johns, who also submitted a written response to the Yellow-bill Cuckoo on Baker Creek for the Board’s information. The Board received copies of a December 10, 2005 letter submitted by Mr. Mark Bagley, the Sierra Club MOU Representative, detailing the MOU parties’ involvement and other issues relative to the Hines Spring Mitigation Project.   Mr. Paul Lamos, Inyo County Water Commissioner, addressed the Board to provide additional information on the Water Commission’s involvement in the process.  

The Board requested that the Staff meet to develop written recommendations incorporating the items detailed in this discussion.   The Chairperson informed the public that the Board would revisit this item later in the meeting.

Assessor/ Appraiser Series Added to Authorized Strength

Mr. Tom Lanshaw, the Assessor, provided additional information and further justification for the request to increase the Department’s authorized strength by adding an Appraiser position.   The County Administrator confirmed that he was now supporting the Assessor’s request.   In response to a question regarding the balance in Contingencies should the Board approve this change, Mr. Kevin Carunchio, Deputy County Administrator informed the Board that the balance would be $108,000.   Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to A) approve a change in authorized strength by adding one Appraiser Series I, II, III; B) waive the hiring freeze and authorize the recruitment and filling of the new position at I at Range 58 ($2,474 - $3,009), II at Range 62 ($2,717 - $3,304) or III at Range 66 ($2,980 - $3,628) depending upon the qualification of the candidate; C) amend the FY 2005-06 County Budget as follows: reduce General Fund Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $35,918 and increase appropriations in the Assessors Budget Unit 010600 Salaried Employees (Object Code #5001) by $21,768; Retirement & Social Security (Object Code #5021) by $3,593, PERS Retirement (Object Code #5022) by $3,777, Medical Insurance (Object Code #5031) by $6,545, and Disability Insurance (Object Code #5032) by $235.   Motion carried unanimously.

Clerk-Recorder/ Napa County Lead Agency Contract

Ms. Beverly Harry, Clerk-Recorder, provided additional information and further clarification on the Contract between the participating counties for a “Lead County” for the contract with the Secretary of State for Voting Systems’ Voter Registration database.   Ms. Harry briefly explained how, under this State paid contract, the County’s Sequoia Voting Systems’ Voter Registration database would be converted to be immediately compatible to transfer registration information to the Secretary of State’s database.   Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract with Tehama County as “Lead County” and Napa County and Inyo County as “Participating Counties” for the purpose of “Lead County” entering into a contract with the Secretary of State in order for the State to fund necessary upgrades to Sequoia Voting Systems’ Voter Registration database.   Motion carried unanimously.

HHS-Inyo First Five/HHS Specialist Position

Moved by Supervisor Cash and seconded by Supervisor Arcularius to waive the hiring freeze and authorize the recruitment and hiring of an HHS Specialist position at Range 53 ($2,204 - $2,682) to fill an existing budgeted position.    Motion carried unanimously.

HHS-EMS/ Repeater Equipment Purchase

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to declare ComSerCo Communications, Inc., as a sole-source provider of Motorola MTR200 repeater and related equipment; B) approve the purchase of a Motorola MTR2000 Repeater, related necessary equipment, and installation as recommended by Staff, from ComSerCo Communication, Inc., in an amount not to exceed $11,104.54; and C) amend the FY 2005-06 Health Budget Unit 045100 as follows: increase appropriations in Other Equipment (Object Code #5670) by $11,105 and decrease appropriations in Salaried Employees (Object Code #5001) by $5,552.50 and Medical Insurance (Object Code #5031) by $5,552.50.   Motion carried unanimously.

P.W./TEA Funding Exchange

The Chairperson, Supervisor Ted Williams, declared a conflict on the following item as a result of his wife’s association with the Eastern Sierra Institue of Collaborative Education.   He turned the meeting over to the Vice-Chairperson, Supervisor Susan Cash and left the meeting.   Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to amend the FY 2005-06 TEA Exchange Budget Unit 504609 by increasing appropriations in Operating Transfers Out (Object Code #5801 ) by $36,135 and Other Agency Contribution (Object Code #5539) by $137,837 from unappropriated reserves.   Motion carried unanimously, with Supervisor Williams absent.   The Chairperson returned to the meeting.

P.W./Hoerner Vigen Alliance Contract Amendment and Budget Amendment

Mr. Ron Chegwidden, Public Works Director, provided further justification for the continuation of the Contract with Hoerner Vigen Alliance for the design of the new Justice Facility.   Ms. Arlene Grider of the Independence Chamber of Commerce presented the Board with a sign to be posted on the vacant lot where the old jail used to be, which denotes the site as the future home of the Inyo Justice Facility.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) amend the FY 2005-06 Acquisitions – ACO Budget Unit 011301 by increasing estimated revenue in Courthouse Construction (Revenue Code #4679) by $31,100 and increasing appropriations in Building Projects-Justice Court (Object Code #5641) by $31,000; (4/5’s vote required) and B) approve amendment No. 3 to

the Contract between the County of Inyo and Hoerner Vigen Alliance for the provision of Architectural Services on the design of the Inyo County Justice Facility, increasing the Contract amount by $31,000 to an amount not to exceed $410,974 and amending the term of the Contract to end December 31, 2006 and the Schedule of Fees, 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.

Rd. Dept./Blanket P.O.s

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) approve blanket purchase orders to Quinn Shepherd Tractor & Machinery in the amount of $20,000 and Symons Tire (Heavy Equipment Tires) in an amount of $20,000; and B) amend the FY 2005-06 Road Budget Unit 034600 as follows: decrease appropriations in Road Materials (Object Code #5309) by $17,272 and increase appropriations in Maintenance of Equipment (Object Code #5173) by $17,272.   Motion carried unanimously.

Water Dept./Web Site Presentation

Mr. Chris Howard, GIS Coordinator, made a presentation to the Board on the Inyo County Water Department’s web site.

Water Dept./Water Commissioner Appointments

The Clerk noted that (a) the terms on the Water Commission are not required to be made along district lines and (b) that the current Water Commissioner, Mr. Ken Lloyd, whose four-year term was ending had requested to be appointed to one of the unexpired two-year terms.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to appoint Ms. Jennifer Roeser of Independence to a four year term ending December 31, 2009.   Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Mr. Bruce Dishion, of Bishop, to complete a two year, unexpired term ending December 31, 2007.   Motion carried unanimously.

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to reappoint Mr. Paul Lamos, of Lone Pine, to a four year term ending December 31, 2009.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to appoint Mr. Ken Lloyd of the Bishop area, to complete an unexpired four-year term ending December 31, 2007.   Motion carried unanimously.

Library/B.P. Joint Use Library Project Fee Waiver

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) amend the FY 2005-06 Acquisitions – ACO Budget Unit 011301 as follows: increase appropriations in Building Projects – Leasehold Improvements (Object Code #5633 ) by $100,000 from unappropriated reserves (4/5’s vote required) ; and B) waive the $5,706.93 in general engineering fees associated with the Big Pine Joint Use Library Project.   Motion carried unanimously.

Library/Museum/ Director Recruitment

The Deputy County Administrator, Mr. Kevin Carunchio, provided additional justification for the recommendation to recruit for a Library/Museum Director.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize the recruitment and filling of the Library/Museum Director position at Range 78 ($3,963 - $4,817.)   Motion carried unanimously.

Library/LSTA

EP-3 Grant

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) accept the California State Library Grant LSTA EP-3, FY 05/06, Grant Award #40-6523 in the amount of $4,373; B) authorize the Deputy County Administrator to sign required forms and certifications; C) amend the FY 2005-06 Library Budget Unit 066700 by increasing estimated revenue in State Grants (Revenue Code #4498) by $4,373, and increasing appropriations in Travel Expenses (Object Code #5331) by $940, General Operating (Object Code #5311) by $437, Education Reimbursement (Object Code #5034) by $2,996; (4/5’s vote required) ; and C) authorize payment to William Michael for out-of-pocket expenses he incurred in tuition while attending the “California State Library – Library Services and Technology Act” project entitled “Public Library Staff – Executive Program in amount not to exceed $2,996.   Motion carried unanimously.

Water Dept./ Hines Spring Mitigation

Mr. Tom Brooks presented the Board with a written recommendation for the Board to take action on regarding the Hines Spring Mitigation Project.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to relay the following that as a result of the request that the Board of Supervisors submit recommendations as to which mitigation measures associated with the Hines Spring project should be implemented, A) the Board is unable to submit recommendations at this time for the following reasons: (1) the Board finds that Phase III, Task 2 of the Work Plan contained in the Amended Stipulation and Order has not been adequately completed; (2) the descriptions of the proposed mitigation measures have not been adequately developed to enable this Board to choose between the alternative measures; (3) the descriptions of the measures are not adequate to allow CEQA analyses of the measures to be performed; (4) there is an inadequate analysis of the feasibility of the potential measures; (5) there is no assessment of the impacts on the lessees affected by the measures; (6) there has been inadequate consultation and discussion with the affected lessees, and the parties to the MOU concerning the measures; and (7) there has been insufficient effort devoted to attempting to achieve consensus on the measures to be implemented; B) the Board requests that Ecosystem Sciences work with the affected lessees and the parties to the MOU to attempt to agree to a revision of the process specified in the MOU that will remedy the deficiencies described above; C) if agreement to revise the process is not possible, it is requested that Ecosystem Sciences consult with the affected lessees and the parties to the MOU in an attempt to reach consensus on the measures prior to submission of final recommendations by Ecosystem Sciences as to which measures should be implemented; and D) the Board recognizes that this request will delay the implementation of the mitigation beyond the current schedule, but this Board believes that remedying the above described deficiencies prior to submitting recommendation will avoid litigation that would delay the implementation of the mitigation for a much longer period.   Motion carried unanimously.

Water Dept./ Green Book Rev.

Mr. Brooks, Water Director, provided the November 2005 monthly report on the progress being made to revise the Long Term Water Agreement (LTWA) technical attachment titled “Green Book.”

Planning/Land Releases in Lone Pine and Independence

Mr. Chris Kennedy, Senior Planner, reviewed the Staff recommendation to reallocate 3.69 acres of the Lone Pine land release to Independence and to proceed with the General Plan and zone changes for the Independence land.   Ms. Arlene Grider, Independence Resident, supported Staff’s recommendations.   Ms. Kathleen New, Lone Pine Chamber of Commerce Director and Mr. Doug Thompson, Lone Pine Resident, opposed the additional loss of 3.69 acres in the Lone Pine area and requested further explanation on why the Lone Pine acreage had been reduced from 24+ acres as recommended by the Land and Water Advisory Committee to the 13+ acres being identified by Staff.   Supervisor Cervantes expressed his concern with reducing land for release in Lone Pine explaining that he felt Lone Pine should be a priority for land releases because of the need for housing associated with planned projects by DWP and Crystal Geyser.   Ms. Leslie Klusmire, Planning Director, explained why the reallocation was being requested, saying that the land identified in Lone Pine was a part of a much larger parcel which had more than just zoning issues associated with it   whereas the Independence parcel was needing only the General Plan Amendment and zone changes.   Ms. Klusmire requested that should the Board not want to make the change in the acreage allocation at the present time, that they direct the Planning Department to proceed with the General Plan and zone changes for the entire 19.69 acre Independence parcel in order to be prepared for whatever decision is ultimately made by the Board.   Supervisors Arcularius, Cash, Williams and Bilyeu indicated that they felt the entire County was affected by the lack of affordable housing as was identified by the Housing Task force, with Supervisor Arcularius stressing the need for the County to move forward on getting some or all of the 75 acres released which no matter where it is located would be a benefit to the entire County.   Supervisor Arcularius also shared her recollection on why the Lone Pine acreage was originally reduced, explaining that she was remembering the Laws acreage was increased to allow for the development of an Industrial Park in the Laws area.   Moved by Supervisor Bilyeu and seconded by Supervisor Cash to consider the results from the Independence community meeting regarding land use preferences for Independence Land Release Parcel, Areas 4a & c, on Mazourka Canyon Road; and B) direct Staff to process the General Plan and zone changes for this land as recommended by Staff.   Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes, and with Supervisor Cervantes voting no.

Planning-Yucca Mt./Budget Amendment

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the FY 2005-06 Yucca Mountain Oversight Budget 620695 by increasing appropriations in Professional Services (Object Code #5265) by $126,934 from unappropriated reserves.   Motion carried unanimously.

Planning-Yucca Mt./USGS Denver Office Joint Funding Agreement

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) ratify the Joint Funding Agreement between the County of Inyo and the United States Geological Survey (USGS), Denver Office, for hydrologic support services in the Death Valley region, for the period of July 1, 2005 through June 30, 2006 in an amount not to exceed $100,000, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and B) amend the FY 2005-06 Yucca Mountain oversight Budget Unit 620695 by increasing appropriations in Professional Services (Object Code #5265) by $100,000 from unappropriated reserves.   Motion carried unanimously.

Planning-Yucca Mt/USGS Sacramento Office Joint Funding Agreement

Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) ratify the Joint Funding Agreement between the County of Inyo and the United States Geological Survey (USGS), Sacramento Office, for hydrologic support services in the Death Valley region, for the period of July 1, 2005 through June 30, 2006 in an amount not to exceed $39,200, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and B) amend the FY 2005-06 Yucca Mountain Oversight Budget Unit 620695 by increasing appropriations in Professional Services (Object Code #5265) by $39,200 from unappropriated reserves.   Motion carried unanimously.

Planning-GP Amendment Authority

The request from the Planning Department for direction to Staff to process amendments to the General Plan RL and RVL Land Use Designations as recommended by Staff for Policy LU-2.4 and LU-2.5, was rescheduled for January 3, 2006.

Planning/Housing Oversight Committee

Supervisor Cervantes requested that Mr. Ken Bonnefin from Lone Pine be added to the list of people being appointed to the Oversight Committee.   Supervisors Arcularius and Cash expressed concern with appointing someone who was not on the original Task Force to the Oversight Committee, which the Board had previously directed be made up of those Task Force Members wanting to participate in the Oversight Committee.   Mr. Paul Bruce, County Counsel, reminded the Board that the Oversight Committee would be subject to the Brown Act.   Moved by Supervisor Cash and seconded by Supervisor Bilyeu to appoint the following members of the former Inyo County Housing Task Force to serve on an Affordable Housing Oversight Committee regarding the objectives of the Housing Plan recommendations developed by the Housing Task Force: Kent Anderson, Larry Beard, Wayne Carpenter, Susan Cullen, Andy Holmes, Mike Johnston, Dwight McNaughton, Kathleen New, Harry Peterson, Stan Smith and Bob Vance.   Motion carried unanimously.

County Counsel/ Greg James Contract

Mr. Paul Bruce, County Counsel, reviewed the recommendation to contract for legal services with Mr. Greg James, explaining that Mr. James hourly rate was significantly lower than other responders and this coupled with his detailed experience on Inyo County Water issues, made him the number one choice of the committee which reviewed the responses to the RFQ.   The Board thanked Mr. Bruce for the work that went into this item.   Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Agreement between the County of Inyo and Gregory L. James, Attorney at Law, for the provision of legal services in the areas of Water and Environmental Law, for the initial period from January 1, 2006 through June 30, 2006, with options to extend the Agreement for three additional one-year periods at the rates of $9,100 per month for a total of 420 hours of legal services during the initial 6-month term (hourly costs equals $130) and a contract limit not to exceed $60,000.   Motion carried unanimously.

CAO-Leg. Platform

The request by the County Administrator for the Board to adopt the 2005-2006 Legislative Platform for the County of Inyo, was rescheduled for the January 3, 2006 meeting.

Resol. #2005-64/ ICEA MOU for

7-1-05 through 6-30-07

The County Administrator briefly reviewed the request to approve the MOU between the County and the ICEA explaining that what is being presented was the result of the mediation and that it is contingent upon the acceptance by the union members.   On a motion by Supervisor Arcularius and seconded by Supervisor Cash Resolution No. 2005-64 was adopted approving the Comprehensive Memorandum of Understanding between the County of Inyo and the Inyo County Employees’ Association (AFSCME Local 315) for the period of July 1, 2005 through June 30, 2007, and rescinding Resolution 2005-57 and 2005-56: m otion unanimously passed and adopted.

Resol. #2005-65/ Safety Net Payments

On a motion by Supervisor Arcularius and seconded by Supervisor Bilyeu, R esolution No. 2005-65 was adopted, requesting the President of the United States to include funding for Federal Safety Net Payments (HR 517 and S 267) in the 2006-07 Federal Budget: motion unanimously passed and adopted

BofS/Minute Approval

The request by the Clerk of the Board for approval of the minutes of the Board of Supervisors Meetings of A) November 15, 2005 and B) November 21, 2005, was rescheduled for the January 3, 2006 meeting.

County Counsel/ James Contract

The County Administrator provided further clarification for the news media in response to a local commentator’s radio editorial regarding Mr. James’ contract.   He explained that the other responses received for the RFQ were for $250 to $450 per hour and that even at the $450 per hour rate the County could not duplicate the expertise, experience and knowledge that Mr. James brings to the table and as a result the County was extremely fortunate that Mr. James was willing to continue his relationship with the County at the significantly reduced amount of $130 per hour.   The Board Members indicated their total concurrence with Mr. Juliff’s assessment, including thanks to Mr. James.

Closed Session

County Counsel announced that closed session items No. 51.   instructions to Negotiators re: wages, salaries and benefits, Employee Organization:   ICEA   - Negotiators:   CAO Ron Juliff; No. 52.   PERSONNEL – [Pursuant to Government Code §54957] Public Employee Performance Evaluation, Title:   Planning Director; No. 53.   CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] Instructions to Negotiators re: wages, salaries and benefits, Title: Planning Director   - Negotiators:   Ron Juliff, County Administrator and Paul Bruce, County Counsel; No. 54.   PERSONNEL – [Pursuant to Government Code §54957] Public Employee Performance Evaluation, Title:   County Administrative Officer; and No. 55.   CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] Instructions to Negotiators re: wages, salaries and benefits, Title: County Administrator   - Negotiators:   Members of the Board of Supervisors as designate, were rescheduled for the January 3, 2006 meeting.

The Chairperson recessed open session at 7:05 p.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 50.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a)- Darline Ruth Koff v Beverly J. Harry, Inyo County, Real Party in Interest, Inyo County Superior Court Case No. SICVPT 05-40363.

Report on Closed Session

The Chairperson recessed closed session at 7:25 p.m., to convene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 50. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a)- Darline Ruth Koff v Beverly J. Harry, Inyo County, Real Party in Interest, Inyo County Superior Court Case No. SICVPT 05-40363, which is an action for Alternate Writ of Mandate against Beverly Harry, Clerk-Recorder for the County of Inyo, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, authorized and directed the County to defend and indemnify Beverly Harry in this matter and directed the Office of County Counsel to defend the County and Beverly Harry.

Adjournment

Supervisor Bilyeu requested that the meeting be adjourned in memory of Melvin Bernasconi, a long-time resident and educator in Inyo County, for whom the Office of Education’s Bernasconi Center was named, who had recently passed away.   The Chairperson adjourned the regular meeting, in memory of Melvin Bernasconi, at 7:30 p.m., to 9:00 a.m., January 3, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.