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, November 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 Cervantes provided the Invocation, and Supervisor Bilyeu led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period and there was no one from the public wishing to address the Board

Post Agenda/ Closed Session Item

The Chairperson noted that a request for consideration of a post agenda item was requested by the Water Department.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to find that the need to address a closed session item entitled CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. Two Cases  - A) 2006-10 Annual Operations Plan Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; and B) Drought Recovery Policy Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908, arose after the Agenda for the November 21, 2006 Board of Supervisors Meeting was posted and there is a need for the Board to take action on this request prior to the next regularly scheduled meeting therefore, this item is added as Agenda Item No. 13A.   Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 9:05 p.m., to convene in closed session with all Board Members present to discuss Agenda Items No. 13.   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, and No. 13A.   CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. Two Cases  - A) 2006-10 Annual Operations Plan Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908.   The Chairperson recessed closed session at 10:05 a.m.

County Department Reports

The Chairperson reconvened open session at 10:15 a.m., with all Board Members present and called for County Department Reports.   Chief Probation Officer, Jim Moffett, reported on the recently held Domestic Violence Symposium, which was a great success.   He offered his thanks and appreciation to Presiding Superior Court Judge Dean Stout for his tremendous contribution to making this symposium such a success.   Health and Human Services Department Director, Ms. Jean Dickenson, echoed Chief Moffett’s comments and sentiments regarding Judge Stout and the success of the symposium.   She went on to report on a CMSP Meeting she had attended and items of interest that may impact local foster care funds. Ms. Dickinson also informed the Board that a Disaster Drill would be conducted November 30, which will involve both hospitals and students from the High Schools who will be posing as victims.   Mr. Tom Brooks, Water Director, updated the Board on a Water Conference he had attended last week, sharing some of the highlights of the Conference, which were of particular interest and help to him.  

Emerg. Serv./ Hurlbut Facility Generator Installation

Moved by Supervisor Williams and seconded by Supervisor Arcularius to ratify and authorize payment to Hornstein Electrical Contractor of Sonora, California for the electrical work performed, including materials, tax and labor, to complete the installation of the emergency back-up generator at the Hurlbut Rook Community Center, in Tecopa, in an amount not to exceed $2,580.33.   Motion carried unanimously.

Emerg. Serv./ Animal Pipe Corral Purchases

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) declare Tim LeFever a sole-source provider of large animal pipe corrals and authorize the purchase of two large animal corrals from Tim LeFever in an amount not to exceed $2,168.02 plus tax and delivery; and B) declare Allen Outdoor/Sierra Saddlery a sole-source provider of small animal kennels and authorize the purchase of three small animal chain link paneled kennels from Allen Outdoor/Sierra Saddlery in an amount not to exceed $3,212.78 plus tax and delivery.   Motion carried unanimously.

Transit/Blanket P.O.s

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve a blanket purchase order to each of the following vendors for the repair and maintenance of vehicles as follows:   A) Eastern Sierra Motors in the amount of $20,000 and B) Britt’s Diesel and Automotive in the amount of $20,000.   Motion carried unanimously.

P.W./Computer Room Air Condensing Unit

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve a purchase order to Johnstone Supply for the purchase of a variable speed air handler and condensing unit to be installed in the Information Services computer room in the Independence Courthouse Annex Building, in an amount not to exceed $2,351.50.   Motion carried unanimously.

Resol. #2006-58/ Darwin Project Notice of Completion

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2006-58 was approved accepting the improvements and authorizing the recording of a Notice of Completion for the Darwin Water Distribution System Improvement Project: motion unanimously passed and adopted.

Water/Office Lease Extension

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve a one-year extension to the Lease for the property located at 163 May Street, for the period of January 1, 2007 through December 31, 2007, and increasing the monthly payment from $5,000 per month to $5,170 per month and authorize the Chairperson to sign the lease extension, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Water/Chainsaw Parts P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to ratify the purchase of chainsaw parts from High County Lumber for the repair and maintenance of Saltcedar Control Program equipment in an amount not to exceed $5,219.79 including tax and shipping.   Motion carried unanimously.

Water Dept./ Standing Comm. Mtg. Agenda

Mr. Tom Brooks, Water Director, presented the Board with a draft Agenda for the upcoming Standing Committee Meeting, as well as a draft of the “Framework and Procedures for Developing Revisions to the Green Book” for the Board’s consideration and discussion.   Mr. Brooks noted the difference between the Agenda proposed by the County and by DWP, with the most significant being the placement of scheduling future Standing Committee meetings.   The Board stressed the importance of continuing to meet to provide the leadership, motivation and policy direction to the Technical Committee, which will be required in order to successfully revise the Green Book.  

In response to a question from Supervisor Cash, County Counsel, Mr. Paul Bruce, confirmed that Item 3. c.   Interim Management Plan (IMP) and Recommendation for adoption by Boards, provides the Board the opportunity under the Brown Act to discuss the “Drought Recovery Policy” (DRP) which is referenced in the IMP.   The Board and Mr. Brooks went on to discuss the information contained in the “Summary of Differences in the Pumping Amounts – Interim Management Proposals” which Mr. Brook’s had provided to the Board.   He noted that the information contained in this document reflected the County and DWP’s numbers for pumping levels under the IMP.   He noted for the record that the numbers were relatively close and that they were based on the same science but with different starting points.   Supervisor Williams stressed the importance of the difference in the starting points, saying that Inyo County wants to maintain the gains to recharge that we have realized over the past two high run-off years, whereas DWP is using a starting point that excludes those gains.  

The Board and Staff continued to discuss the importance of the IMP and the need to revise the Green Book.   Ms. Bennett Kessler, Independence Resident, queried the Board regarding alternatives to the revisions to the Green Book and the adoption of the IMP.   The Board explained that (a) the Green Book is an ineffective tool to achieving the goals of the Long Term Water Agreement; (b) the IMP will provide Staff the opportunity to develop the revisions to the Green Book to utilize the best and most current science and technology for future management; and (c) that under the IMP the pumping levels are lower then 11 of the last 14 years under the DRP.   The Board also noted to Ms. Kessler that instituting litigation was not precluded in the future should the IMP prove unsuccessful.  

The Board reiterated that it was important that the tools provided to manage the County’s water resources needed to be based on the best and most current science and technology and the revision to the Green Book through the IMP was the best method to achieve those goals.   The Board also noted that while the discussion of the IMP was agendized for the Standing Committee Meeting, the perspective Board’s would be the ultimate approving authorities.   Mr. Brooks recapped the direction to the representatives of the Standing Committee including (a) the importance of scheduling future meetings, and (b) to develop a mutually agreeable recommendation regarding the IMP to take back to the City of Los Angeles Department of Water and Power Board of Water and Power Commissioners and the Inyo County Board of Supervisors to consider adopting.  

P.W./Snow Removal Policy

The Board and Staff discussed the proposed Snow Removal Policy, with the Chairperson reiterating that the adoption of the policy will memorialize a policy, which is currently in place, to provide the public with a better understanding of the policy.   The Board directed that the policy be placed on the County’s website.   Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to   adopt the Inyo County Road Department Snow Removal Policy.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the minutes of the Board of Supervisors Meetings of A) November 7, 2006; and B) the Budget Hearings of September 11 and 12, 2006.   Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including receiving an update on the Leg. Analysts preliminary report on next year’s State Budget and other legislative actions and opportunities as a result of the November 7, 2006 election, a JPA Meeting, an Inyo Associates Meeting, a BLM Meeting regarding the Alabama Hills area, Homewood Canyon BBQ, local district festivities, a Housing Task Force Meeting, an LTC Meeting, a Road Inventory Meeting and a report on a Special Planning Commission Meeting to address the handling of remains found at the site of a town water project.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene in closed session at 1:00 p.m., with all Board Members present.

Closed Session

The Board met in closed session to discuss previously noted closed session items.

Report on Closed Session

The Chairperson recessed closed session at 2:30 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 2:30 p.m. to 9:00 a.m., Tuesday, December 5, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.