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 8:30 a.m., Tuesday, May 16, 2006 in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, and Jim Bilyeu, and Richard Cervantes.   Supervisors Williams and Cervantes joined the meeting after the invocation and pledge, which were led by Supervisors Bilyeu and Arcularius respectively.  

Closed Session

The Chairperson recessed open session at 8:31 a.m., to convene in closed session, with all Board Members present to consider Agenda Item No. 1.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Samuel Garcia and Juana Garcia v. County of Inyo and DOES 1 through 100, Inyo County Superior Court Case No. SICVCV-05-38559.   The Chairperson recessed closed session at 9:20 a.m., to reconvene in open session, with all Board Members present.

Public Comment

The Chairperson announced the public comment period.   Supervisor Bilyeu requested that today’s meeting be adjourned in memory of Mary Robinson, a long-time Independence Resident, who passed away recently.   Supervisor Arcularius requested that today’s meeting also be adjourned in memory of Jim Archer, of Aspendel and Lou Schober, of Round Valley, both long-time residents of the County, who   passed away recently as well.

County Dept. Reports

The Chairperson announced the County Department Report period.   Mr. Ron Chegwidden, Public Works Director, updated the Board on the status of local STIP projects impacted by the California Transportation Commission’s actions.   In response to a question from Supervisor Arcularius regarding the Barlow Lane STIP project, Mr. Chegwidden indicated that the project would be reprogrammed in the next STIP cycle.   Mr. Chegwidden also announced the opening of all but one winter road closures.   Mr. Chuck Hamilton, Deputy County Administrator, announced that there would be a Household Hazardous Waste Event, at the Independence Landfill on Saturday, May 20, 2006 between the hours of 9:00 a.m., and 12:00 p.m.

BofS/Calif. U.S. Route 6 Tourist Assoc.

The Board received a presentation from Mr. Fred Hann and Mr. Frank Roberts, on the California U.S. Route 6 Tourist Association.   Mr. Hahn clarified that the group was not requesting the County to join the   organization, that they would be approaching the local Chambers of Commerce with a membership request.   He explained that the presentation was to provide the Board with information regarding the organization’s intent to raise funds to properly sign the historic Route 6.   

CAO-Budget/ Third Quarter Review

The County Administrator, Mr. Ron Juliff and Deputy County Administrator, Mr. Kevin Carunchio, presented a review of the Third Quarter Financial Report, highlighting areas of the budget including (a) geothermal royalties; (b) public defender and District Attorney costs associated with a change of venue in the Bengochia murder trial; (c) the increase in the cost of fuel; (d) preliminary estimates for fund balance; (e) salary savings; and (f) workshops to be conducted prior to budget hearings on budget options and alternatives.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) accept the FY 2005-06 County Third Quarter Financial Report as presented; (B) approve the specific budget action items and recommendations discussed in the report and recommended by Staff and authorize the Auditor-Controller to make the budget adjustments as recommended; (C) authorize the County Administrator and Auditor-Controller to make year-end adjustments, as necessary within each fund (4/5 vote required) ; (D) review the budget calendar proposed for FY 2006-07; (E) direct the County Administrator to prepare a rollover budget for the start of FY 2006-07 and present it for approval on June 20, 2006; and (F) set the FY 2006-07 Budget Hearings for August 28 through September 1, 2006.   Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:28 a.m., to reconvene at 10:30 a.m., with all Board Members present.

Emergency Serv./ NIMS Training

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to support training County personnel to comply with the implementation of NIMS into the County’s Emergency Management System.   Motion carried unanimously.

Motor Pool/ Vehicle Purchases

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to award the bid to and authorize the purchase of the following from Eastern Sierra Motors as the low bidder meeting specifications: (a) one ¾ ton Extended Cab and Chassis only in an amount not to exceed $21,920; and (b) one 4 WD 5-passenger Utility Vehicle in an amount not to exceed $22,100.77.   Motion carried unanimously.

Motor Pool/Repair of Patrol Unit

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve a purchase order to Miller’s Towing of Lone Pine for the repair of one Sheriff’s Department Patrol Unit in the amount of $4,834.56.   Motion carried unanimously.

HHS-Misc./Grove Street Office Lease

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Lease between the County of Inyo and the Connie and Michael Layne Trust for the property at 162 Grove Street, in Bishop, for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $5,400 per month, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Misc./Mt. Whitney Drive Office Lease

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Lease between the County of Inyo and the Donald Christenson, for the property at 380 Mt. Whitney Drive, in Lone Pine, for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $2,415 per month, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Misc./Bishop Plaza Office Lease

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Lease between the County of Inyo and Maudsley Enterprises, Inc., for office space located at Bishop Plaza, for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $4,368 per month, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Health Serv./ Johnson Health Officer Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) approve the Contract between the County of Inyo and Richard Johnson, M.D., MPH, naming Richard Johnson, M.D., MPH, as Interim Inyo County Health Officer for the period of April 7, 2006 through June 30, 2007, in an amount not to exceed $30,728.25, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign; and B) approve Amendment No. 2 to the Contract between the County of Inyo and Southern Inyo Healthcare District, expanding the contract to include physician services in the amount of $33,437 for a total not to exceed $159,437.50 for the period of April 7, 2006 through June 30, 2008, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-CalWorks Prgrm/ESL Classes Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Bishop Union Elementary School District for the provision of English as a Second Language (ESL) classes, for the period of February 1, 2006 through June 30, 2006, in an amount not to exceed $5,000; and authorize the Chairperson to sign.    Motion carried unanimously.

HHS-Misc./Fred Pryor Seminars Training Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Fred Pryor Seminars/Career track for the provision of training services in an amount not to exceed $14,650 for the period of June 1, 2006 through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W./CSA #2 Appointment

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to appoint Hugh Cornett to the County Service Area #2 Advisory Committee to fill an unexpired four-year term ending April 13, 2007.    Motion carried unanimously.

Ord 1113 Codifying 2000 Measure A re: County Dept. Reorganization

On a motion by Supervisor Williams and a second by Supervisor Cervantes, Ordinance 1113, entitled “An Ordinance of the Board of Supervisors for the County of Inyo, State of California, Adding to the Inyo County Code the provisions of Ballot Measure A as Enacted by Initiative on March 7, 2000, Regarding Reorganization of County Departments and Offices, was enacted: motion unanimously passed and adopted.

HHS-Workshop Avian Flu

The Chairperson recessed open session at 10:35 a.m., to convene in a workshop with   representatives of the Health and Human Services Department to receive an update on Avian Flu preparedness.   The Chairperson recessed the workshop at 11:35 a.m., to reconvene in open session, with all Board Members present.

Resol. #2006-32/Appeal of Barlow Project

The Chairperson opened the public hearing at 11:37 a.m., on the appeal of the Planning Commission’s approval of Tentative Tract Map #243/Valley Homestead Land & Livestock, Inc. (Barlow), an application to subdivide a 7.34-acre site in west Bishop (APNs 11-220-63 and 11-220-14), into 17 residential lots served by community water and sewer services.   The Chairperson requested that exhibits be presented and accepted the following into the record:   The Planning Department Staff Report and all attachments was marked Exhibit A; correspondence received by the Planning Department on this matter was marked Exhibit B; correspondence received by the project proponent, Mr. Barlow was marked Exhibit C; three letters received by Supervisor Williams were marked Exhibit D; a letter from Jake Rassmusen was marked Exhibit E; and seven letters received by the Board of Supervisors were marked Exhibit F.   Ms. Tanda Gretz of the Planning Department reviewed the Staff Report and recommendations.   The Chairperson recessed the public hearing at 11:50 a.m., to provide the Board the opportunity to review the documents, which had been submitted into the record.   The Chairperson reconvened the public hearing at 11:57 a.m., with all Board Members present.   Mr. Jeff Bailey, a Carol Lane Resident and Appellant, addressed the Board to support the appeal.   He indicated that the Appellants were not opposed to the project and expressed concerns with the proposed traffic circulation and requested that the integrity of the Carol Lane Community be protected from the impact of this development by placing a cul-de-sac at the end of the development rather than a through street into the Carol Lane area.   Mr. Seth Roberts representing the project proponent addressed the Board to oppose the appeal.   Ms. Ramona Delmas, Carol Lane Resident, addressed the Board to support the appeal.   Mr. Rick Delmas, Carroll Lane Resident, addressed the Board to also support the appeal.   The Board, Staff and members of the audience discussed the project and the concerns identified by the Appellants.   The Board Members expressed concerns with tampering with personal property rights especially concerning a project, which meets the requirements of the County’s General Plan and Zoning Ordinance.   The Chairperson closed the public hearing at 1:08 p.m.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to adopt Resolution #2006-32 approving Tentative Tract Map #243/Valley Homestead Land & Livestock, Inc. (Barlow) and certifying that the requirements of the California Environmental Quality Act have been met: motion unanimously passed and adopted.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 1:10 p.m. to reconvene in a workshop at 1:45 p.m., with all Board Members present.  

HHS-Workshop Prop 36 Evaluation

The Board convened in a second workshop with representatives of the Health and Human Services Department on the Proposition 36 Evaluation.   The Chairperson recessed the workshop at 2:05 p.m., to immediately convene in a workshop with Water Department personnel.

Water Dept./ Green Book Update

The Board conducted a workshop to receive a progress report on the preparation of revisions to the Long Term Water Agreement (LTWA) technical attachment titled “Green Book.”   The Chairperson recessed the workshop at 2:35 p.m., to reconvene in open session with all Board Members present.

E. Health/Vector Control Contract with Mono County

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and the County of Mono for mutual provision of vector control services for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $8,000, contingent upon the Board’s adoption of a FY 2006-07 budget; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W.-Eastern Sierra Reg. Airport/ Use of Property Authority

The County Administrator explained that the request by the Public Works Department to approve the document between the County of Inyo and the City of Los Angeles Department of Water and Power for use of property required for installation of equipment for an LDA/DME Instrument Landing System for the Eastern Sierra Regional Airport was still being negotiated and suggested the Board pull the item.   The Board queried staff on the situation regarding the right to access the property and the possibility of losing FAA grant funds if access was not granted.    Supervisor Arcularius suggested that the Chairperson and the County Administrator call Mary Nichols, Chairperson of the LADWP Board of Water and Power Commissioners and Ron Deaton, Director of LADWP to follow-up on this item.   The Chairperson recessed the meeting at 2:45 p.m., to reconvene at 3:05 p.m., with all Board Members present.   The Board and Staff discussed the results of the telephone conversation with LADWP representatives and what type of action could be taken to provide Staff the greatest latitude to proceed with this project.    Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize the County Administrator to approve any of the following with the City of Los Angeles Department of Water and Power for the property in question at the Eastern Sierra Regional Airport for the installation of equipment for an LDA/DME Instrument Landing System for the Airport: (a) a license for a period of up to five years; (b) a permit for a period of up to five years or (c) a lease for a period of up to five years plus the cost of administration fees which may be applicable; authorize the County Administrator to sign and direct that the document be brought back for the Board’s ratification.   Motion carried unanimously.

Planning-Yucca Mt./D.V. Coop Agreement Budget

Moved by Supervisor Cervantes and seconded by Supervisor Williams to amend the FY 2005-06 County Budget and adopt the budget for the Death Valley Cooperative Agreement 2006-2011 Budget Unit 620700 by increasing estimated revenues in Federal Grants (Revenue Code #4555) by $850,000 and increasing appropriations in Services and Supplies object codes 5101 through 5400 as recommended by Staff by $850,000, contingent upon receipt of the award letter from the Department of Energy for the ground water research and monitoring in the southeast County in support of ongoing multi-agency regional ground water research and monitoring as it relates to the proposed Yucca Mountain Nuclear Waste Repository.   Motion carried unanimously.

Library/Agreement w/Riverside County Library System

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to A) approve the Agreement between the County of Inyo and the Riverside County Library System for Automated Library Services and authorize the Chairperson to sign; B) approve the agreement between the County of Inyo and Marcive, Inc., for record output and authority services necessary for the Library Automation Project, in the amount of $4,705 and authorize the County Administrator or his designee to sign; and C) authorize Staff to expend up to $11,000 in grant funds for Library Automation Project related services from Online Computer Library Center (OCLC) under the County Library’s existing OCLC membership.   Motion carried unanimously.

CAO-Info Serv./ HHS/Pilot Project for IS Analyst Assigned to HHS

Mr. Brandon Shults, Director of Information Services and Ms. Jean Dickinson, Director of Health and Human Services, provided additional information and further justification for the recommendation to assign an IS Analyst to the HHS Department.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to allow Information Services (IS) and Health and Human Services (HHS) to pilot a project dedicating a fulltime IS Analyst to HHS for a period of up to two years, contingent upon HHS funding for the second year and implement the pilot project with the following actions: (a) increase authorized strength in Information Services by one Information Services Analyst series (I at Range 65   $3,180 - $3,878 through IV at Range 76 $4,131 - $5,032) contingent upon future funding and authorize the recruitment/hiring of one Information Services Analyst I through IV depending upon the candidate’s qualifications; and (b) amend the FY 2005-06 County budget as follows: increase estimated revenue in Information Services Budget Unit 011801, Operating Transfers In, (Revenue Code #4998) by $13,843, and increase appropriations in Salaried Employees (Object Code #5001) by $9,254, Social Security (Object Code #5021) by $708, PERS Retirement (Object Code #5022) by $1,606, Medical Insurance (Object Code #5031) by $2,182, Disability Insurance (Object Code #5032) by $93, and increase appropriations in Performance Incentive Trust Budget Unit 505808 by $13,843, from unappropriated reserves.   Motion carried unanimously.

County Counsel/ Kirby Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve Amendment No. 1 to the Agreement between the County of Inyo and John D. Kirby, A.P.C. for the provision of legal services for the period of July 1, 2005 through June 30, 2006, increasing the Contract limit from $170,000 to $235,000; and authorize the Chairperson to sign.   Motion carried unanimously.

CAO-Land Tenure Participation

The request for the Board to determine the appropriate level of participation for Inyo County in the land tenure process sponsored by BLM, was pulled from consideration at the request of the County Administrator.

CAO-GIS and Adv. Co. Resources Contracts

The County Administrator explained that the recommendation before the Board was to change the GIS and Advertising County Resource (ACR) contracts to provide for better accountability and control of the spending of County funds by outside grant recipients.   Supervisor Cervantes noted that he felt the timing of this item could be construed to be punitive as a result of opposition to the upcoming Ballot Measure regarding the TOT increase.   Supervisor Cervantes qualified his remarks by saying that he concurred with the recommendation.   The Board Members individually and collectively expressed the importance of ensuring accountability in government spending.  

The Board thanked the County Administrator for bringing this item forward, commenting that the new requirements are very similar to those required by all government agencies providing grant funds, that the matching requirements and restrictions are very liberal in comparison to other governmental agencies’ grant contracts and that the timing of this request is coincidental and appropriate in that the GIS and ACR recipients need time to prepare and submit their grant applications for next year. Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the revised Inyo County standard contracts #127 for GIS and #121 for ACR for use with the FY 2006-07 budget year; and apply to grant contracts of more than $45,000 annually (Contract #121 only).   Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week including, a report on the NACo WIR Conference, the Fiesta de Lone Pine celebration, and a report on meetings with State Officials regarding the Mt. Whitney Fish Hatchery.  

Closed Session

The Chairperson recessed open session at 4:00 p.m., to reconvene in closed session to discuss Agenda Items No. 29.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Jeff Gilbert v. Baldwin et al., United States District Court Central District of California Case No. 05-0790; No. 30.   CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(C) – Decision Whether to Initiate Litigation (one case); No. 31.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 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); and No. 32.   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.

Report on Closed Session

The Chairperson recessed closed session at 5:30 p.m. to reconvene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 29.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Jeff Gilbert v. Baldwin et al., United States District Court Central District of California Case No. 05-0790, which is a civil rights action against the County Sheriff’s Department,   Corporal Baldwin and Corporal Ray, alleging excessive use of force, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, directed the Office of County Counsel to defend the County Sheriff in this matter; and authorized and directed the Office of County Counsel, in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes, to defend and indemnify Corporal Baldwin and Corporal Ray in this matter.  

Adjournment

The Chairperson adjourned the regular meeting at 5:30 p.m., in memory of long-time Inyo County Residents, Mary Robinson, Jim Archer and Lew Schober, who recently passed away, to 9:00 a.m., Tuesday, June 6, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.