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, June 20, 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.   Supervisor Cervantes read into the record a letter from one of his constituent in Tecopa regarding succession issues.  

County Dept. Reports

The Chairperson announced the County Department Report period.   Ms. Rennie Holland, Yucca Mountain Analyst provided the Board with a copy of the Hydrodynamics Group, LLC Quarterly Reports for FY 2005-06 for their Yucca Mountain contract.   Mr. Brandon Shults, Director of Information Services, provided the sequence of events, which transpired as a result of a local communication trunk line being cut by a Forest Service contractor twice in a one-week period.   He explained that the local 911 service to the jail was interrupted, but that back-up processes were successfully implemented and that Verizon has indicated that the Contractor appears to be negligent in both events.   Mr. Paul Bruce, County Counsel, confirmed the County’s ability to instantaneously revoke work permits on County rights of way in situations like these.   Mr. Bruce also confirmed that DigAlert had been contacted prior to the work commencing and the underground lines, which were interfered with had been identified.  

CAO-Personnel/ Leave of Absence

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve a request for a leave of absence without pay for a period of up to 90 days beginning June 20, 2006 through September 20, 2006, in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations.   Motion carried unanimously.

CAO-Purchasing/ Computer Bid

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) reject the bid submitted from Gateway for Bid No. 2005-10 and B) award all of Bid No. 2005-10 to GovConnection for six laptop computers, forty-one desktop computers, twenty-two printers with accessories and forty-nine battery back-ups in an amount not to exceed $77,360 plus tax and shipping.   Motion carried unanimously.

County Counsel/ Great Basin APCD Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the agreement between the Great Basin Unified Air Pollution Control District and the County of Inyo for the County Counsel’s Office to provide certain legal services to the District during the period of July 1, 2006, through June 30, 2007, for the sum of $12,500; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./AV Hospital Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Antelope Valley Hospital for the provision of inpatient mental health services, including professional services, in an amount not to exceed $10,000 for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Hlth. Serv./ Amend. #1 to Bioterrorism Response Grant

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve Amendment No. 1 to the Agreement between the County of Inyo and California Department of Health Services for the provision of local public health preparedness and response to bioterrorism, increasing the grant by $29,531 to a total amount not to exceed $148,387; and authorize the Director of Health and Human Services to sign.   Motion carried unanimously.

HHS-Hlth. Serv./ CVIIS Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Joint Exercise of Powers Agreement of the Central Valley Immunization Information System (CVIIS) by and between the counties of Kern, Fresno, Kings, Madera, Mono, Tulare and Inyo for the provision of immunization outreach and appoint Tamara A. Cohn as the Immunization Registry Commission Designee and Melissa Best as the Alternate Immunization Registry Commission designee and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Hlth. Serv./ LGA MAA/TCM Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify and approve the agreement between the County of Inyo and Marin County for LGA MAA/TCM services for the period of July 2005 through June 2007, authorize the Chairperson to sign; and authorize the FY 2005-06 payment to Marin County in the amount of $464 and the FY 2006-07 payment contingent upon the Board’s adoption of a FY 2006-07 Budget.   Motion carried unanimously.

HHS-Hlth. Serv./ MAA Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Medi-Cal Administrative Activities (MAA) Interagency Agreement between the County of Inyo and the County Office of Education for the period of July 2004 through December 2007.   Motion carried unanimously.

HHS-Mental Hlth. Serv./I.D.E.A. Consulting Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and I.D.E.A. Consulting for the provision of consultation services for the period of July 1, 2006, through June 30, 2007, in an amount not to exceed $20,000, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Social Serv./ IMACA Client Services Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Inyo Mono Advocates for Community Action, Inc., for client services, for the period of July 1, 2006, through June 30, 2007, in an amount not to exceed $32,000, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./Newhall Memorial Hospital Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve Amendment No. 1 to the Contract between the County of Inyo and Henry Mayo Newhall Memorial Hospital increasing the contract by $15,000 for a total amount not to exceed $30,000 for the period of July 1, 2005 through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

Planning-Yucca Mt./Amend. #1 to Radioactive Waste Management Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve Amendment No. 1 to the Contract between the County of Inyo and Radioactive Waste Management Associates extending the term of the Contract from June 30, 2006 to September 30, 2006; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Planning-Yucca Mt./Hydrodynamics Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to declare The Hydrodynamics Group, LLC, a sole-source provider of Yucca Mountain Oversight services and approve the Contract between the County of Inyo and Hydrodynamics Group LLC for oversight services for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $350,000, contingent upon the Board’s adoption of a FY 2006-07 Budget and continued federal funding; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Planning-LAFCO/ Staff Services Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and the Inyo Local Agency Formation Commission (LAFCO) for Planning staff services for the period of July 1, 2006, through June 30, 2007, in an amount not to exceed $32,000, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W./Cochrun Fire Equipment Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to declare Cochrun Fire Equipment, Inc., a sole-source provider for the maintenance of fire extinguishers and approve the contract between the County of Inyo and Cochrun Fire Equipment for the maintenance of fire extinguishers countywide for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $2,141.75, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Rd. Dept./Wye Rd. Closure

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the temporary closure of Wye Road on July 4, 2006 between the hours of 6:00 p.m., and 10:00 p.m., and authorize the Road Commissioner to approve similar closures for this event in future years.   Motion carried unanimously.

BofS/Inyo Forest Trails and Road Maintenance Program

Dr. Craig London, owner of the Rock Creek Pack Station made a presentation on the importance of early season maintenance of trails and roads in the Inyo National Forest.   He explained how the lack of adequate maintenance of the trails and roads impact his Packing operations by limiting or totally prohibiting access to the already strictly controlled routes that he and the other Pack Operations must adhere too.   He highlighted the Hilton Lakes area access trails, which is an historic route for his Pack Station as an area of prime concern this year.   The Board and Dr. London discussed the current status of the trails and roads, as well as the need to get other affected Inyo National Forest jurisdictions involved.   They went on to discuss how an effective roads and trails maintenance program is important to provide access not only to Packer operations but also to the general public who utilize these trails and roads.  

Mr. Garry Oye, District Ranger, provided additional information on the Inyo Forest’s trails and roads maintenance program.   He explained the budgeting process he is governed by and encouraged state and local partnerships to help resolve the roads and trails maintenance issues.   Mr. Oye also addressed the difference between systems roads and user trails, as well as prioritization, resources and staffing issues, which are affecting maintenance efforts.   Supervisor Arcularius indicated that she would talk with Mr. John Hoffman of RCRC to get information on the federal budgeting process and volunteered to draft a letter to the Supervisor of the Inyo National Forest supporting an effective trails and roads maintenance program throughout the forest f or the Board to consider taking action on at next week’s meeting.   The Board thanked Dr. London and Mr. Oye for their input.  

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:10 a.m., to reconvene at 10:20 a.m., with all Board Members present.

Transit Program/ 5311(f) Grant Funds Public Hearing

The Chairperson opened the public hearing at 10:21 a.m. to take testimony on a Transit Program Application for Federal Transportation Act Section 5311(f) grant funds totaling $130,000 to purchase an additional bus for the CREST bus route and to certify that there are no nonprofit organizations readily available in Inyo County to provide the transportation service currently provided by Inyo Mono Transit.   Ms. Monika Watterson, Transit Program Director, provided the Board with an appropriately signed Agenda Request Form.   She reviewed the Staff Report and recommendations regarding the application to seek Federal Transportation Act 5311(f) grant funds to purchase an additional bus for the CREST Route and for operating funds to provide for year 5 of the route.   Ms. Watterson confirmed that there are no nonprofit organizations available to provide the services provided by the Transit Program.   She explained that the grants funds would facilitate expanding the route by adding a fourth trip North.   The Board and Ms. Watterson continued to discuss the CREST Route, including the ridership numbers, the future governance structure, the formation of a regional JPA and the success of the program.   There being no one from the public wishing to address this item, the Chairperson closed the public hearing at 10:50 a.m.

Resol. #2006-35 and Resol. #2006-36 FTA 5311(f) Grant Applications

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolutions No. 2006-35 and #2006-36 were adopted, authorizing the Transit Program to submit two 2006 Federal Transportation Administration 5311(f) Grants, one for funds totaling $338,395 to operate year five of the inter-regional bus service between Reno, NV and Ridgecrest, CA along the Hwy 395 corridor (CREST Route), and one for capital funds totaling $130,000 to purchase one additional bus for this route; authorizing the submission of FTA Section 5311(f) grant applications and authorizing the Transit Program Director to sign related certifications, contracts and reimbursement requests on behalf of the County: motion unanimously passed and adopted.

E. Health/DWP Well Permits

Mr. Marvin Moskowitz, Environmental Health Director, provided additional information and further explanation on the request to approve monitoring wells near North Haiwee Reservoir.   Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to approve fifteen 100 foot groundwater monitoring wells located on City of Los Angeles Department of Water and Power (LADWP) land near North Haiwee Reservoir on Cactus Flat road, east of Highway 395.   Motion carried unanimously.

E. Health/DWP Test Well Permits

Mr. Moskowitz explained that the request for approval of two test wells on Cactus Flat Road had inadvertently been placed before the Board for approval.   He explained that there was Board policy, which had been implemented which did not require Board approval of test wells.   However, since action had been requested the Board took the following action.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve two test wells for the City of Los Angeles Department of Water and Power on Cactus Flat Road.   Motion carried unanimously.

CAO-TOT Ballot Measure

The County Administrator explained that the request for discussion and possible direction to Staff regarding placing a ballot measure before the voters on November 7, 2006 to increase the County’s Transient Occupancy Tax (TOT), was brought forward at the request of the Board.   He indicated that Staff awaits Board direction on how to proceed.   The Board discussed in detail and at length the possibility of placing a ballot measure before the voters to increase the TOT by 3%.    Ms. Lee Barron, Mr. Dave Blacker of the Death Valley Chamber of Commerce, Ms. Leann Fields of the Big Pine Chamber of Commerce, Ms. Jeanne Willey, Owner of the Dow Villa in Lone Pine, Ms. Margaret Warner, President of the Lone Pine Chamber of Commerce and Mr. Pete Bhakta, Lone Pine Motel Owner, addressed the Board either individually or as representatives of their respective Chambers of Commerce to ask that the Board let them help the County draft a ballot measure which they could help get passed.   They did not support the proposal to increase the TOT and suggested that the Board consider increasing the Sales Tax instead.   They said that they felt the increase in Sales Tax would be more fairly applied to all visitors rather than just those that utilize local motels.   Supervisors Williams and Arcularius strongly disagreed with the assessment that an increase in sales tax would be more equitable by explaining that a Sales Tax increase would not only impact the visitors but would also impact the local residents.   They explained that if a tax was going to be presented it should be one that would not impact their constituency who they recognize are already paying their fair share for services like law enforcement and garbage removal.   The Board went on to explain that a TOT increase would provide the visitors who stay in our County a method to pay their fair share for services they impact.   Ms. Arlene Grider of the Independence Chamber of Commerce, did not support another measure to increase the TOT.    She said that she had supported the last measure that did not pass, that she felt it was important for everyone to understand that there may be unintended consequences for their actions and as a result of the TOT Ballot Measure not passing she recommended that the Board of Supervisors make the cuts necessary to maintain core services.

Supervisors Arcularius, Cash, Williams and Bilyeu supported placing a new Ballot Measure before the voters as a general tax to increase the TOT by 3%, and to not place the TOT on campgrounds and RV Parks.   Supervisor Cervantes opposed any further ballot measures and suggested that the County reduce expenditures.   The Chairperson reminded Supervisor Cervantes of the tremendous effort which has been made the by the Departments to absorb costs while maintaining services over the past several years and that future cuts could not be absorbed without impacting services, which has been demonstrated in the recent mid-year and third-quarter budget reports.  

Supervisor Arcularius questioned, without a response, those who were opposing the TOT increase as to what they wanted in return for their support and urged them step forward with their solutions to the County’s budget crisis.    Supervisor Arcularius stressed that the new ballot measure being considered by the Board for the November 7, 2006 ballot, is entirely different from other recent measures in that it is a general tax, the revenue is not dedicated to any single program, and it has not been expanded to include campgrounds and RV parks.   She explained that she felt the County and the Board has demonstrated where the additional revenue is needed to maintain services and reminded those who were opposing the increase that it was their neighbors, friends and relatives who were going to be impacted should the County be forced to cut services.   The Board continued to discuss a possibility of placing a TOT increase on the November 7, 2006 ballot, with the majority of the Board Members expressing optimism in the fact that if the most recent measure had been a general tax, it would have passed. The discussions included (a) placing this increase on the ballot as a general tax that would not be placed on campgrounds and RV parks; (b) that there is a need to educate the public as to who pays this tax; (c) that the increase would bring Inyo County’s rate in line with Mono County and the City of Bishop as well as bringing it more in line with the Town of Mammoth Lakes, which just increased their rate again; (d) the need to make the citizenry aware of the fact that if additional revenues are not generated the County will have no choice but to reduce services in an effort to balance the budget and (e) that the November 7, 2006 election is the last opportunity to present this type of Ballot Measure to the voters until 2008.   Supervisor Arcularius encouraged all the public attendees to return after the recess to continue to discuss any alternatives they wanted to talk about that might eliminate the need for a TOT increase.

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene at 1:15 p.m., with all Board Members present to continue their discussions on a ballot measure to increase the TOT.   No members of the public returned after the recess.   At the suggestion of County Counsel the Board reviewed the proposed language for the ballot measure, which was Attachment A to the Staff Report.   The Board changed all of the dates, which were reflected as November 2, 2004 to November 7, 2006, as well as changing the verbiage in the last sentence of the second “Findings and Declarations” should read “Additionally local property tax revenue has been taken and used by the State of California to help fund its own obligations.”

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to direct Staff to begin the process to place a ballot measure on the November 7, 2006 ballot to increase the County’s Transient Occupancy Tax (TOT) by 3% per Attachment A of the Staff Report as amended, that this is a general tax, and that the TOT is not expanded to include campgrounds and RV parks.   Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes, and with Supervisor Cervantes voting no.

Sheriff/Rogers Peak Battery Replacement

Supervisor Arcularius explained that in an effort to educate the public as to the ongoing and increasing general fund costs, which are incurred to the benefit of the tourists she was going to be highlighting those items each and every time the Board is asked to take action.   She asked the Sheriff to explain what would happen if the County did not pay to have the battery replaced at the Rogers Peak Communication Site.   Sheriff Lucas explained that without the battery no 911 Emergency services would be provided to the Death Valley area, leaving the tourists, visitors and citizens at risk.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to authorize payment to Southern California Edison in the amount of $10,805.56 for the Sheriff’s Department share of the Photovoltaic Battery System Replacement completed in 2005 at Rogers Peak Communication Site, Death Valley, California.   Motion carried unanimously.

Rd. Dept./Acct. Tech. Position

The Public Works Director, Mr. Ron Chegwidden, provided additional information and further justification for increasing a part-time Account Technician to a full-time position.   In response to a question from Supervisor Williams, Mr. Chegwidden confirmed that this position was vital to the Department’s ability to claim State Road revenues.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to change the authorized strength by (a) adding one full-time Account Technician II position at Range 59 ($2,767 - $3,363) and (b) by deleting one B-par Account Technician II position upon the filling of the full time position.   Motion carried unanimously.

Ag. Comm.-Mosquito Abatement/Budget Amendment

The Deputy Agricultural Commissioner, Mr. John Schrader, responded to questions from the Board.   He confirmed that the Mosquito Abatement Program revenues are generated from a Benefit Assessment charged to each parcel owner in the County.   He explained that the program is geared to abate mosquitoes for the public health and safety of our residents and visitors.   The Board noted that this is another instance where the County taxpayer is covering the entire cost of a program, which benefits not only the residents but also the tourists. Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the FY 2005-06 Owens Valley Mosquito Abatement Program (OVMAP) Budget Unit 154101 by increasing estimated revenue in State Grants (Revenue Code #4498) by $10,000 and increasing appropriations in General Operating (Object Code #5311) by $2,500 and Other Equipment >$5000 (Object Code #5670) by $7,500.   Motion carried unanimously.

Ag. Comm./ Chemical P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approval of a blanket purchase order in the amount of $2,500 from sole-source supplier of chemicals, Fennimore Chemicals (ADAPCO).   Motion carried unanimously.

Ag. Comm./ ATV P. O.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to declare Mammoth Powersports as a sole-source provider of ATV’s and authorize the purchase of a Polaris 500 EFI 4x4 ATV from Mammoth Powersports in an amount not to exceed $7,500.   Motion carried unanimously.

Planning/Budget Amendment

The County Administrator provided additional information regarding the request to utilize contingencies for the Planning Department.   He explained that due to circumstances beyond the control of the department revenues, which had been projected, had not been realized.   He explained that the Department would be more conservative in their budgeting projections next year.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to amend the FY 2005-06 County Budget as follows:   (a) decrease appropriations in Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $60,000; and (b) increase appropriations in Planning Budget Unit 02380, expenditure object codes as recommended by Staff by $60,000.   Motion carried unanimously.

CAO-Budget/ Preliminary Budget Approval

The County Administrator reviewed the Staff Report regarding the recommendation for a Preliminary FY 2006-07 Budget.   Supervisor Arcularius requested that when the Board conducts the upcoming budget workshops that they be provided with the departments’ initial requested budgets before they are modified.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to adopt the FY 2005-06 Board Approved Budget as the Preliminary budget for Fiscal Year 2006-07 and approve the fixed assets as recommended by Staff.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the minutes of the Board of Supervisors Meeting of June 6, 2006.   Motion carried unanimously.

Resol. #2006-37/ Arts Council CAC Grant

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-37 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California Designating Inyo Council for the Arts as the County’s Partner to the California Arts Council and Approving the California Arts Council Grant Application to be Signed by the Inyo Council for the Arts,” was approved: motion unanimously passed and adopted.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week including a report on the California State Rodeo events which are happening at the Tri-County Fairgrounds, including a spectacular opening ceremony honoring our Country’s veterans, a Flag Ceremony at the Southern Inyo Hospital, a request to have a noise ordinance drafted for future consideration by the Board because of on-going big-rig truck noise issues in Big Pine and Independence, an announcement that the Mt. Whitney Fish Hatchery should be fully funded next year, and a CSAC Board Meeting.

Closed Session

The Chairperson recessed open session at 3:50 p.m., to convene in closed session, with all Board Members present, to discuss Agenda Item No. 33.   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 and Personnel Analyst Sue Dishion.

Report on Closed Session

The Chairperson recessed closed session at 4:10 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 4:10 p.m., to 9:00 a.m., Tuesday, June 27, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.