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, January 17, 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, Jim Bilyeu, and Richard Cervantes.   Supervisor Cervantes provided the Invocation, and Supervisor Bilyeu led the Pledge of Allegiance.

Public Comment

The Chairperson announced that the Addendum, Agenda Item No. 19A, concerning an update from Congressman McKeon’s appointed Working Group on Wilderness designation, would be considered at 1:00 p.m.   The Chairperson went on to announce the public comment period.   Mr. Jon Klusmire, Inyo Register, asked for clarification on a press release from the Forest Service regarding whether the County had received the more than $480,000 from the Secure Rural Schools Act awarded to the County.   The Board thanked Mr. Klusmire for the information and indicated that they would get a response to his question, which was provided later in the meeting by the Auditor-Controller who gave the Board and members of the media a copy of deposit receipt for these funds.

County Dept. Reports

The Chairperson announced the County Department Report period.   The Treasurer-Tax Collector, Mr. John Treacy, notified the Board that upon further research regarding the County’s acquisition of a piece of property scheduled for public auction, he had determined that it may not meet the State Controller’s threshold for acquiring property.   He also informed the Board that the Southern Inyo Fire Protection District also wanted to acquire 5 parcels in their district, which he said would have to meet the same threshold.    Mr. Treacy indicated that as a result of his research when any of these contracts for the purchase of the properties are brought before the Board for consideration, he might be in the position of not being able to advocate for the purchases.   Mr. Kevin Carunchio, Acting Library Director, informed the Board that as a result of successful recruitments for Museum Assistants the Eastern California Museum would be open 6 days a week, Wednesday through Monday, beginning February 1.   Ms. Jean Dickinson, Director of Health and Human Services, reported that in a review of the Governor’s first budget proposal, it looked like the County was OK.   She informed the Board of the areas of concern, requesting that they keep these items in the forefront when discussing the Governor’s budget with their organizations, including MediCal reimbursement, CalWorks childcare allocations and Prop 36 Drug Court funding.

BofS/Committee Assignments

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the 2006 Board of Supervisors committee assignments as recommended by the Chairperson, Supervisor Susan Cash.   Motion carried unanimously.

Ag. Comm.-Mosq. Abate./Vehicle Purchase

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) declare Points West Argo a sole-source provide for Argo 8x8 type vehicles; and B) approve the purchase of an Argo Avenger Tundra 8x8 vehicle with Track Kit from Points West Argo in an amount not to exceed $22,000.   Motion carried unanimously.

Ag. Comm.-Mosq. Abate./Chemical  P. O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) declare Fennimore (Adapco) Chemical a sole-source provider for mosquito control/abatement chemicals and biocontrol products; and B) approve a blanket purchase order for mosquito control/abatement chemicals and biocontrol products from Fennimore in an amount not to exceed $40,000.   Motion carried unanimously.

HHS-Mental Hlth Serv./Amend. #1 to State Managed Care Contract

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Mental Health MediCal Managed Care Plan Contract between the County of Inyo and the State of California, for the provision of managed care, increasing the original contract amount by $5,914 for a total amount of $182,921 for the period of July 1, 2005, through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

Rd. Dept./Crack Seal P. O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the purchase of 18,500 pounds of crack seal material from Maxwell Products, Inc., in an amount not to exceed $6,008.03.   Motion carried unanimously.

Auditor/Sungard Bi-Tech Vendor for Financial Software

The Auditor, Ms. Leslie Chapman and Mr. Brandon Shults, Project Director, provided a review of the request to proceed with contract negotiations with Sungard Bi-Tech for the financial software.   The Board thanked the Working Team for their involvement in the evaluation process.   Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to accept the recommendation of the Financial Systems Oversight Committee to acknowledge Sungard Bi-Tech as the preferred vendor for Inyo County’s financial software and authorize Brandon Shults, Information Services Director and Financial Systems Project Manager to begin negotiations and contract development with Sungard Bi-Tech.   Motion carried unanimously.

HHS-Misc./Prgm. & Fiscal Eval. Director Recruitment

Ms. Jean Dickinson, Director of Health and Human Services, provided additional information and further justification for the request to recruit for a soon to be vacant Director of Program and Fiscal Evaluation.   In response to a question from the Board, Ms. Dickinson explained that the position was very valuable and that the emphasis has been more on Program Development rather than fiscal.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to waive the hiring freeze and authorize the recruitment and hiring of a Director of Program and Fiscal Evaluation, Range 82 ($4,758/$4,364* - $5,789/$5,299*) to fill a vacancy occurring on February 1, 2006.    Motion carried unanimously.

HHS-Misc./Integ. Case Worker Recruitments

The Director of Health and Human Services provided additional information and justification for the request to change the authorized strength by deleting one Case Manager position and adding another Integrated Case Worker position.   Ms. Dickinson reminded the Board that the positions being sought are defined under the State Merit System as are the job descriptions.   Supervisor Arcularius requested that the Director schedule a workshop on the Department’s programs and delivery of service, including caseloads.   Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to A) change the authorized strength by deleting one Case Manager III position at Range 64 ($3,110/$2,846* - $3,781/$3,460*) and adding one Integrated Case Worker I position, at Range 60 ($2,836/$2,595* - $3,443/$3,151*); and B) waive the hiring freeze and authorize the recruitment and hiring of two Integrated Case Worker I positions (one budgeted and one new) at Range 60.   Motion carried unanimously.

Probation/Office of Ed Extended Day Pgrm. Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to ratify the Contract between the County of Inyo and the Inyo County Office of Education for an Extended Day Program, for the period of July 1, 2005, through June 30, 2006, in an amount not to exceed $21,125; and authorize the Chairperson to sign.   Motion carried unanimously.

Probation/Laptop Computer P. O.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify the purchase of four laptop computers from the qualified low-bidder CDW-G in an amount not to exceed $5,999.96.   Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:57 a.m., to reconvene at 10:05 a.m., with all Board Members present.

E. Health/LADWP Domestic Well Permit

Mr. Marvin Moskowitz, Environmental Health Director, reviewed the request for approval of a domestic well permit for the LADWP Owens Lake Sulfate Road Facility.   He confirmed that this was a public water system, which would be monitored by the Environmental Health Department.   He confirmed that the water from this well would not be used for dust mitigation purposes, nor would it be diverted for exportation.   A motion was made by Supervisor Bilyeu and seconded by Supervisor Arcularius and withdrawn in order to allow the District Supervisor to make the motion.   Moved by Supervisor Cervantes and seconded by Supervisor Williams to approve the new construction of a ground water well to provide a domestic water supply for the future LADWP Owens Lake Sulfate Road Facility.   Motion carried unanimously.

Water Dept./ Comments on Draft SEIR re: Brine Pool Transition

The Water Director, Mr. Tom Brooks, reviewed Staffs recommendations regarding the County’s comments on the Draft SEIR on the Brine Pool Transition Zone.   The Board and Staff discussed the recommended responses, with the Board requesting Staff include a reference to the ½ cfs flow.   The Board directed the Water Department to provide the comments on the Lower Owens River Project (LORP) Draft Supplemental Environmental Impact Report (Draft SEIR) pertaining to the brine pool transition zone as recommended by staff.

Water Dept./Green Book   Update

The Water Director provided a detailed presentation of Staff’s progress on the preparation for revisions to the Long Term Water Agreement (LTWA) technical attachment titled “Green Book.”  

Planning/Add Manufactured Home Sales Displays to CUP Conditions

The Chairperson opened the public hearing at 11:25 a.m.   Ms. Jan Larsen, Senior Planner, reviewed the Staff Report and recommendations on a proposed ordinance amending the zoning ordinance to add “manufactured home sales displays” as a Conditional Use in Commercial Zones C-1 (General Commercial & Retail), C-2 (Highway Services & Tourist Commercial) and C-4 (Heavy Commercial.   Ms. Larson also provided further clarification and explanation on why this item was being reconsidered and confirmed that no applications are being delayed as a result of the need to readdress this item.   At the conclusion of her remarks, Ms. Larsen requested that the Staff 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 11:30 a.m.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to A) rescind Resolution No. 2006-03 due lack of proper notification; and B) waive the first reading of the ordinance   amending the zoning ordinance to add “manufactured home sales displays” as a Conditional Use in Commercial Zones C-1 (General Commercial & Retail), C-2 (Highway Services & Tourist Commercial), and C-4 (Heavy Commercial) and schedule the adoption for 10:30 a.m., on Tuesday, February 7, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Resol. #2006-10/ CEQA Certification

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2006-10 was adopted certifying that the requirements of the California Environmental Quality Act (CEQA) have been met: motion unanimously passed and adopted.

BofS/Comments to BLM on T-REX Project

The Chairperson briefly reviewed the request for comments from the BLM concerning the request for a Temporary Use Permit made by the Desert Research Institute, Division of Atmospheric Sciences in Reno, for the T-REX Atmospheric Research Project, reminding the Board that the Project Director had made a detailed presentation on the T-REX Project to the Board last year.   The Board directed Staff to prepare a letter to the BLM for the Chairperson’s signature, supporting the project, the Temporary Use Permit and BLM’s conditions on the permit.  

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve of the minutes of the January 3, 2006 Board of Supervisors Meeting.    Motion carried unanimously.

Board Members and Staff Reports

The Chairperson, at the request of the Treasurer-Tax Collector read into the record a memorandum from the Treasurer, which notifies the Board that the tax defaulted property, which the Board was interested in purchasing had been redeemed and was no longer available for sale.

Closed Session

The Chairperson recessed open session at 11:35 a.m., to convene in closed session to discuss Agenda Items No. 20.   The Board convened in closed session to discuss 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); No. 21.   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); and No. 22.   PERSONNEL – [Pursuant to Government Code § 54957] Public Employee Performance Evaluation, Title:   County Administrative Officer.  

Recess/

Reconvene

The Chairperson recessed closed session at 12:30 p.m., to reconvene in open session at 1:00 p.m., with all Board Members present.

BofS/Working Group Wilderness Designation Update

Supervisors Arcularius and Williams briefly explained the request for Board direction on how to proceed with regard to recommendations to Congressman McKeon concerning wilderness designation to which consensus of the Working Group had been reached.   Supervisor Arcularius reminded the Board that it is at their direction that this item is returned for discussion.   Ms. Sally Miller and Mr. Dick Noles, of the Working Group also addressed the Board to provide additional information on their involvement in the process.   Supervisor Arcularius informed the Board that the WSA’s have been removed from the discussion because consensus could not be reached.   She and Supervisor Williams explained how Table Mountain had been selected as an area of consensus.   Mr. Brian Brown, of China Ranch, provided information to the Board regarding the Wild and Scenic designation for the Amaragosa River.   The Board requested that Mr. Brown return in the very near future to make a more detailed presentation on the Amaragosa River wilderness designation.   The Board discussed concerns that the proposal for Table Mountain in relationship that there was no release of WSA’s yet there was still a designation made.   The Board also discussed the timing of how recommendations would be relayed to the Congressman.   No action was taken at this time.  

Rd. Dept./2006 STIP

The Chairperson recessed open session at 1:40 p.m., to convene in a workshop with all Board Members present, to discuss with the Acting Road Commissioner the 2006 STIP Projects.    The Chairperson recessed the workshop at 3:30 p.m., to convene in closed session with all Board Members present.

Closed Session

The Chairperson recessed open session at 3:35 p.m., to reconvene in closed session to continue discussion on the previously noted closed session items.

Report on Closed Session

The Chairperson recessed closed session at 4:50 p.m., to reconvene in open session to receive a report on closed session.   County Counsel reported there were no items discussed in closed session, which were required by law to be reported on in open session.

Adjournment

The Chairperson adjourned the regular meeting at 4:50 p.m., to 9:00 a.m., February 7, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.