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, February 21 , 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 Bilyeu provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.   Mr. Ken Lloyd, Water Commissioner reviewed a letter from the Water Director regarding the Hines Springs Mitigation project and the County’s concerns.   Ms. Jennifer Roeser, Water Commissioner addressed the Board to concur with Mr. Lloyd’s remarks and to identify the concerns of the lessee and the local packers regarding the curtailment and/or elimination of water in the mitigation area.

County Dept. Reports

The Chairperson announced the County Department Report period.   Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the status of the Cerro Gordo EMS transmitter, which has been providing intermittent service.   She explained that the transmitter is currently operational and thanked the Public Works Director for his assistance.   She indicated that she would keep the Board informed as to the long-term fix for the problem.   Ms. Dickinson went on to briefly discuss Prop 36 funding.

CAO-Info. Serv./ Verizon Agreement

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Agreement with Verizon for local telephone service and related services (such as voice mail) for the period of February 25, 2006 through February 25, 2007, contingent upon the adoption of future budgets and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Hlth. Serv./ MCAH Compl. & Certification

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the Maternal Child and Adolescent Health (MCAH) revised Application for Funding Agreement Policy Compliance and Certification between the County of Inyo and California Department of Health Services in the amount of $56,584 for Fiscal Year 2005-06 and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Inyo First 5/Office of Ed Oral Hlth. Serv.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Amendment One to the Contract between the County of Inyo and the Superintendent of Schools for Oral Health Services increasing the contract by $4,755 for year two for a total contract of $184,755 for the period of April 6, 2004 through April 5, 2007; and authorize the Chairperson to sign.   Motion carried unanimously.

Sheriff/Western Summit Lease Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Lease Agreement between the County of Inyo and Western Summit Enterprises, Inc., (dba Mountain Investments) for the provision of relocating existing radio and emergency power equipment to and for repeater site space at Ibex Pass in an amount not to exceed a one time charge of $500 for the necessary equipment to accomplish the radio connections and the monthly fee of $425 from the start date of the agreement (when the equipment has been moved and is operational) for a period of five (5) years with 4% yearly increases, and authorize the Chairperson to sign.   Motion carried unanimously.

County Counsel/ James Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve Amendment No. 1 to the Agreement between the County of Inyo and Gregory L. James, Esq., for the provision of legal services increasing the contract limit by $25,000 and revising the Scope of Work to allow Mr. James to represent and advise the County and such of its agents, officers and employees that the County may designate, in pending and potential non-water related litigation or disputes and authorize the Chairperson to sign.   Motion carried unanimously.

BofS/Darwin CDBG Project

Supervisor Cervantes introduced Ms. Kathy Goss of the Darwin CSD, who addressed the Board regarding the Darwin CDBG Project.   Ms. Goss highlighted the District’s concerns with the County’s handling of the project and the timeline, which she felt might jeopardize the project funding.   Mr. Michael Laemmle and Mr. Larry Kraus also addressed the Board expressing their concerns.   Mr. Ron Chegwidden, Public Works Director, responded to the concerns identified by the speakers, explaining that the project on the current timeline should be completed well in advance of the Grant deadline.   The Board and Mr. Chegwidden continued to discuss the timing of the release of the RFP, as well as the coordination with interested contractors.  

P.W./Deferred Maintenance Projects

The Board and Public Works Director discussed the Deferred Maintenance Projects being recommended for this year.   The Board and Staff also acknowledge the funding for this year’s list, with the Board reiterating that the insurance funding which is facilitating the current projects will not be available next year.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to accept the proposed Deferred Maintenance Project List for FY 2005-06, as presented and approve the Deferred Maintenance Program for FY 2005-06.   Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., reconvening at 10:10 a.m., with all Board Members present.

HHS-Tobacco/ Enforcement

Ms. Karen Christensen of the Tobacco Program and Sheriff Dan Lucas introduced the new Tobacco Enforcement program which is meant to stem the local sale of tobacco to underage teens.   The Board enthusiastically supported this enforcement effort.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:26 a.m., to reconvene at 10:30 a.m., with all Board Members present.

BofS/Support for Wild and Scenic Designation for Amargosa River

Mr. Brian Brown of China Ranch addressed the Board to provide information regarding the Amargosa River and efforts to gain a Wild and Scenic designation for the River.   The Board and Mr. Brown discussed the different areas of the river, with Mr. Brown requesting that the Board of Supervisors reaffirm their support of Resolution No. 2004-51.   Members of the audience who addressed the Board to support the designation along with support for other wilderness designations in the White Mountains and the John Muir area of the Inyo National Forest, were Mr. Mike Prather, Mr. Peter Cummings, Mr. Bill Mitchel, Ms. Sydney Quinn, who also read into the record a letter from her husband supporting the request, Ms. Wynne Benti, Ms. Sally Miller, Ms. Lisa Jeager, Mr. Andy Selters, and Ms. Arlene Grider who supported the Amargosa River designation, but cautioned the Board on supporting other wilderness designations without identifying exact boundaries.   Mr. Jeff Bailey, Inyo National Forest Supervisor, provided additional information regarding wilderness designations.   Supervisor Bilyeu made a motion, with no second to move forward with the Table Mountain and Amargosa River designations and that the three WSA’s in Inyo County, to be identified later, be released.     The motion failed on a roll call vote with Supervisor Bilyeu voting yes and with Supervisors Arcularius, Cash, Williams and Cervantes voting no.   The Board addressed their concerns with not identifying the boundaries for the Table Mountain designation, citing the boundary issues which arose with the Death Valley National Park.   Moved by Supervisor Cervantes and seconded by Supervisor Williams to reaffirm Resolution #2004-51, supporting the Wild and Scenic River designation for the Amargosa River; to reagendize the Table Mountain designation discussion requesting more detailed information regarding the boundaries being proposed for that wilderness and to direct that public meetings be held regarding the Table Mountain designation.   Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams, and Cervantes voting yes, and with Supervisor Bilyeu voting no.

BofS/Sandy Valley Mtg. Report

Supervisor Cervantes reported on his recent meetings with a Clark County Nevada Commissioner and a Supervisor from San Bernardino County regarding joint jurisdiction issues in Sandy Valley.   He informed the Board that Clark County is moving forward with a large regional airport to be located just adjacent to Inyo and San Bernardino County in Sandy Valley, which is being proposed to be completed by 2013, will employ around 12,000 people and have a metro link into Las Vegas.   Mr. Cervantes proposed a possible cross indemnification from the jurisdictions to address the emergency response issues, which might arise.   Supervisor Cervantes also reported on activities of a water exporter who is working on a project to export water from the Sandy Valley Region.  

Ag. Comm./Intro of New Deputy and Review of Programs

Mr. George Milovich, Agricultural Commissioner, introduced his new Deputy Agricultural Commissioner, Mr. John Schrader to the Board.   Mr. Milovich went on to introduce various members of his staff, including Mr. Nate Reede who made a brief presentation on the Weed Abatement Program and Mr. Ernie Poncet who introduced the Mosquito Abatement crew.

Recess

Reconvene

The Chairperson recessed the regular meeting at 12:30 p.m., to reconvene at 1:30 p.m., with all Board Members present.

Ag. Comm./ Resource Advisory Broad

The Agricultural Commissioner discussed the preliminary outline for the formation of an Inyo County Resource Advisory Board.   The Board and Mr. Milovich discussed including a 4-H and FAA representative as well as a Board Member to the membership.   The Board directed the Agricultural Commissioner to refine the recommendations and present the Board with a formal proposal to form the Inyo County Resource Advisory Board for their consideration.

BofS/Minute Approval

The request for approval of the minutes of the February 7, 2006 Board of Supervisors Meeting was pulled at the request of the Clerk.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a report on the reauthorization of the Safe Rural Schools Legislation, with Supervisor Arcularius indicating that she would send a letter of support, an upcoming Sierra Conservancy meeting, a report on the Rose Valley Exploration, a meeting regarding the Big Pine Convalescent Hospital, a tour of the new Restaurant in Independence, the Independence Tribe’s proposal to construct a recycling center on the Reservation, a Mt. Whitney Fish Hatchery meeting; and an upcoming CSAC Board of Directors Meeting.

Closed Session

The Chairperson recessed open session at 2:00 p.m., to convene in closed session with all Board Members present to discuss Agenda Item No. 16. 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 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 4:50 p.m., to 9:00 a.m., Tuesday, February 28, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.