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, March 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 Williams led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.   Mr. Jerry Proud, Fifth District Resident, addressed the Board to request that dumping fees be waived for the cleanup of property he recently inherited in Olancha.   He explained that the estimate for the removal was 20-30 dump truck loads.   The Board requested that Staff agendize this request for Board consideration.   Ms. Arlene Grider, Independence Chamber of Commerce, read a letter into the record from the Chamber supporting the TOT Ballot Measure.  

The Chairperson announced the County Department Report period.   Ms. Jean Dickinson requested that the Board oppose SB 1811 which would impact rural EMT services explaining that the legislation as it is written is not user friendly to small rural jurisdictions.  Ms. Dickinson and Mr. Marvin Moskowitz, Environmental Health Director, updated the Board on the initial steps being taken to address avian flu.   Mr. Moskowitz explained that the County’s efforts are in the preliminary stages and informed the Board that they would be kept informed as the plan proceeds.   Mr. Moskowitz also informed the Board that $22,000 in small drinking water systems augmentation funds have been cut from the State Budget, which will impact the County’s ability to regulate these drinking water systems locally.   Mr. Moskowitz suggested a workshop with the Board to explore increasing Environmental Health fees.   The Board concurred with the recommendation and requested that a workshop be scheduled. Mr. Kevin Carunchio, Deputy County Administrator, invited the Board to the Big Pine Library opening and dedication, which is scheduled for 2:00 p.m., on Monday, March 27, 2006.  

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve Amendment #1 to the contract between the County of Inyo and Bishop Chamber of Commerce changing the scope of work and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.    Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the purchase of two 20-yard roll-off waste containers for use as brush disposal bins at the Keeler and Olancha Waste Transfer Stations from Consolidated Fabricators Corp in an amount not to exceed $6,434.83.   Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve a leave of absence without pay for a period up to 90 days beginning March 21, 2006 through June 21, 2006 in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations.   Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the purchase of repair parts for the Norland snow blower as follows:   a) a drive shaft from Cotta Transmission Company LLC, in an amount not to exceed $2,851 including tax and shipping and b) an 8” drive chain from Britt’s Diesel & Automotive in an amount not to exceed $5,145.06 including tax.   Motion carried unanimously.

Supervisor Arcularius provided information to the Water Department concerning grant opportunities.   She provided the Department with the following web address:   www.grants.gov.ca.   She explained in the Water 2025 Grant section there are grant funds available for technical support and analytical equipment.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the conditions set forth by DWP for permission to enter their property for conducting two studies as follows: a) Study for Relative Productivity of Owens Valley Soils; and b) Telog Continuous Groundwater Level Recorder Placement.   Motion carried unanimously.

The County Administrator provided additional information and explanation on the request to modify the hiring freeze.   He explained that the modification would allow departments to fill unexpected vacancies, which are budgeted.   He confirmed that he would keep the Board apprised of the positions being filled under this modification.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to modify the county wide hiring freeze, to allow departments to fill without Board approval unexpected vacancies which have been budgeted.   Motion carried unanimously.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2006-17 was adopted approving the application for funds under the voting Modernization Bond Act of 2002 (Prop 41) and authorizing the Inyo County Elections Officer to negotiate, execute and submit all required documents; motion unanimously passed and adopted.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve an Agreement between the Voting Modernization Board and County of Inyo for use of federal HAVA Section 102 funds as matching funds under the Voting Modernization Bond Act of 2002 and authorize the Chairperson and the Registrar of Voters to sign.   Motion carried unanimously.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution #2006-18 was adopted certifying the County will comply with the conditions set forth in the Agreement between the Voting Modernization Board and County of Inyo for use of federal HAVA Section 102 funds as matching funds under the Voting Modernization Bond Act of 2002; motion unanimously passed and adopted.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2006-19 was adopted approving the application for HAVA Section 102 funds and appointing the Inyo County Elections Officer to negotiate, execute and submit all required documentation; motion unanimously passed and adopted.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2006-20 was adopted approving entering into a contract with the State of California for federal HAVA Section 301 grant funds and appoint the Inyo County Clerk as the County Elections Officer to execute and submit all required documents; motion unanimously passed and adopted. At the conclusion of this motion Supervisor Cervantes briefly stepped away from the dais.

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Ordinance 1111 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Increasing the Length of Solid Waste Collection and Transportation Permits and Defining the Term “Director” was adopted; motion unanimously passed and adopted, with Supervisor Cervantes absent.   At the conclusion of this motion Supervisor Cervantes rejoined the meeting.

The Board and Staff discussed the possibility of having the sign revamped to include the name Eastern Sierra Regional Airport.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify the Agreement between the City of Los Angeles and the County of Inyo for Sign Permit No. 42 for the sign located at the northeast corner of Airport Road & E. Line Street (Poleta Road), for the period of December 1, 2005 through November 30, 2010 for an annual fee of $500, contingent upon the adoption of future budgets; and authorize the Director of Public Works to sign the Agreement.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize filling the vacant Road Maintenance Crew Supervisor position in Road District 5 at Range 66, Step E (L$3,256 - $3,964).   Motion carried unanimously.

Mr. Chuck Hamilton, Deputy County Administrator, provided additional information and further clarification on the request to increase solid waste collection rates in Areas D& E.   Mr. John Shane of Pahrump Valley Disposal addressed the Board to add that one of the reasons for the increase is due to the fact that the waste is hauled and disposed of in Nevada, which adds to the fees.

On a motion by Supervisor Cervantes and a second by Supervisor Bilyeu Resolution No. 2006-21 was adopted authorizing the residential and commercial solid waste collection and hauling service rate increase request submitted by Pahrump Valley Disposal for Areas D & E; motion unanimously passed and adopted.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Liebert Cassidy Whitmore, a professional law corporation, for preparation of a written report concerning Inyo County Yucca Mountain Program Review, for the period of January 1, 2006 through June 30, 2006, in an amount not to exceed $6,000; and authorize the Chairperson to sign.   Motion carried unanimously.

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors meetings of A) February 28, 2006 and B) March 7, 2006.   Motion carried unanimously.

The Board Members reported on their activities during the preceding week, including an RCRC meeting, a reminder of the upcoming meeting at Statham Hall regarding the TOT Ballot Measure, the Secretary of State visit, a report on the possibility of the consolidation of two water systems in Bishop, an update on the County’s LORP website and a Lone Pine Chamber of Commerce meeting.

The Chairperson recessed open session at 10:35 a.m., to convene in closed session, with all Board Members present, to discuss Agenda Items No. 16.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768 (1); No. 17.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] – Robert and Gretchen Beach, John and Margaret Clark v. The Planning Department and The Environmental Health Services Department of the County of Inyo, a political subdivision of the State of California, Inyo County Superior Court Case No. ICSICVUG 06-40785; No. 18.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)]- Jon Frederic Nelson v. United States District Court, Inyo County Sheriff’s Department, Bishop Police Department, United States District Court Eastern District of California 1:06-CV-0107 REC TAG; and No. 19.   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 5:50 p.m., to reconvene in open session, to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 18.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)]- Jon Frederic Nelson v. United States District Court, Inyo County Sheriff’s Department, Bishop Police Department, United States District Court Eastern District of California 1:06-CV-0107 REC TAG, which is an law suit by Jon Nelson against the Bishop Police Department and the Inyo County Sheriff’s Department, alleging a violation of his civil rights arising from his arrest by the Bishop Police Department and incarceration in the Inyo County Jail, the Board of Supervisors unanimously, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, directed the Office of County Counsel to defend the Sheriff in this litigation.

The Chairperson adjourned the regular meeting at 5:52 p.m., to 9:00 a.m., Tuesday, March 28, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

County Department Reports

CAO-Bishop CofC GIS Contract Amend

Integ. Waste/P.O. for Roll-Off Containers

CAO-Personnel/ Leave without Pay

Rd. Dept./Repair of Snow Blower

Water Dept./ DWP Property Study Access

CAO-Personnel/ Modify Hiring Freeze

Resol. #2006-17/ Voting Moderni-

Zation Bond Act

Clerk-Elections/ Agreement w/ Voting Mod. Board

Resol. #2006-18/ HAVA Funds

Resol. #2006-19/ HAVA Application Approval

Resol. #2006-20/   State Contract for HAVA Grant Funds

Ord. 1111/Solid Waste Permits Duration

P.W./Airport Sign Permit

Rd. Dept./Mnt. Crew Supv.

Resol. #2006-21/Solid Waste Rate Increase Areas D & E

Planning/Liebert et al Contract

BofS/Minute Approval

Board Members and Staff Reports

Closed Session

Report on Closed Session

Adjournment