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, January 2 , 2007, 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 Williams led the Pledge of Allegiance.

BofS/Presentation of Certificates of Appreciation Elected Officials

The Chairperson presented Certificates of Appreciation to Ms. Sallie Cline, Public Administrator/Public Guardian, Sheriff Dan Lucas, and Third District Supervisor Ted Williams, who graciously thanked the Board for the recognition and briefly reflected on their years of public service.   The Chairperson presented Certificates of Appreciation to Beverly Harry, Clerk-Recorder, which was accepted by Mary Roper, Assistant Clerk-Recorder and Clerk-Recorder Elect, and to John Treacy, Treasurer-Tax Collector who was unable to participate in today’s festivities.   At the conclusion of the presentation, at 9:10 a.m., the Chairperson recessed the regular meeting and invited all those in attendance to join the Board of Supervisors and those elected officials leaving office in the lobby of the County Administrative Center for cake and punch.   The Chairperson reconvened in open session at 9:35 a.m., with all Board Members present.

Public Comment

The Chairperson announced the public comment period.   Supervisor Arcularius requested that today’s meeting be adjourned in memory of President Gerald Ford.

County Dept. Reports

The Chairperson announced the County Department Report period.   Mr. Chuck Hamilton, Deputy County Administrator, announced that a Household Hazardous Waste Event would be conducted on Saturday, January 6, 2007, at the Bishop-Sunland Landfill from 9:00 a.m. to 12 noon.   Mr. Ron Chegwidden, Public Works Director, informed the Board that the EMS transmitter on Mazourka Peak is non-operational, that steps have been taken to repair the transmitter and that he will be coordinating these efforts with Health and Human Services because it is their transmitter.   He also informed the Board that the Master Lease for the Eastern Sierra Regional Airport has been received and he will be bringing it forward in the near future for the Board’s consideration.   Mr. Chegwidden updated the Board on the status of funding as a result of Initiatives that were passed in the November, 2006 election.

HHS-Child Care Planning Council Appointments

Moved by Supervisor Williams and seconded by Supervisor Cervantes to appoint the following to the Child Care Planning Council to complete unexpired three-year terms ending November 4, 2009: (a) Verna Sisk, representing the Public Agency category; (b) Karen Inderbieten, representing the Provider Category; and (c) Morning Star Willis-Wagoner, representing the Consumer Category.   Motion carried unanimously.

Public Defender/ New P.D. Contracts

2007-2008

Moved by Supervisor Williams and seconded by Supervisor Cervantes to A) approve standard contract #160 for the Public Defenders for a period of two (2) years, beginning January 1, 2007 and ending December 31, 2008, the second year of each contract includes a 4.5% cost-of-living adjustment: (a) Elizabeth Corpora for felonies and misdemeanors with a first-year compensation amount not to exceed $137,500; (b) Gerrard Harvey for misdemeanors and felonies with a first-year compensation amount not to exceed $137,500; (c) Dana Crom for Juvenile Court and Welfare and Institutions with a first-year compensation amount not to exceed $112,000; and (d) Victoria Campbell as primary backup for Juvenile Court and Welfare and Institutions and other backup with a first-year compensation amount not to exceed $96,000; and B) authorize the County Administrator to sign the contracts contingent upon the appropriate signatures being obtained and upon future year budget appropriations in the County Budget.   Motion carried unanimously.

HHS-Inyo First 5 Comm./Board Appointments

Moved by Supervisor Williams and seconded by Supervisor Cervantes to appoint Ms. Karen Harrison to the Inyo First Five Commission, representing a Community-based organization promoting nurturing and early childhood development, to complete a three-year term ending December 5, 2009.   Motion carried unanimously.

HHS-Behavioral Hlth./Henry Mayo Hospital Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve Amendment No. One to the Contract between the County of Inyo and Henry Mayo Newhall Memorial Hospital increasing the Contract by $15,000 to a total not to exceed $30,000 for the period of July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign.   Motion carried unanimously.

Resol. #2007-01/ ESR Airport Access Rd. Pjct. Completion Notice

On a motion by Supervisor Williams and a second by Supervisor Cervantes, Resolution No. 2007-01 was approved accepting the improvements and authorizing the recording of a Notice of Completion for the Eastern Sierra Regional Airport Access Road Construction Project.   Motion unanimously passed and adopted.

P.W./Fed Ex ESR Airport Ground Lease

Moved by Supervisor Williams and seconded by Supervisor Cervantes to ratify a two-year lease agreement with Federal Express Package Systems, Inc., for a ground lease at the Eastern Sierra Regional Airport, for the period of January 1, 2007 through December 31, 2008, at the rate of $468.75 per month; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Rd. Dept./Western Emulsion P.O.

Moved by Supervisor Williams and seconded by Supervisor Cervantes to declare Western Emulsions, Inc. a sole-source provider of PASS emulsion and authorize the purchase of twenty-four tons of PASS emulsion from Western Emulsions, Inc., at the rate of $600 per ton (including tax and shipping) for a total contract amount of $16,768.   Motion carried unanimously.

Sheriff’s Dept./ Body Armor P.O.

Moved by Supervisor Williams and seconded by Supervisor Cervantes to declare Adamson Industries, a sole-source provider of Second Chance Body Armor and authorize the purchase of seventeen (17) Second Chance Monarch 6 th Generation Summit Level II vests with 2 Apex Carriers and Map Pack filling from Adamson Industries in an amount not to exceed $12,750 including tax and shipping.   Motion carried unanimously.

Sheriff’s Dept./ NWC Night Vision Scopes Lease

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the Contract between the County of Inyo and Naval Surface Warfare Center (NAVSURFWARCENDIV) for the lease of eleven (11) AN/PVS-5 (or equivalent) night vision scopes for the period not to exceed one year, in an amount not to exceed $3,300; and authorize the Sheriff to sign.   Motion carried unanimously.

Resol. #2007-02/ Support Funding Public Library Foundation

Supervisor Cash briefly reviewed the request for the Board to adopt a resolution supporting the full funding of the Public Library Foundation, asking that the “Passed and Adopted” date be changed to January 2, 2007.   Supervisor Arcularius requested that the resolution also be forwarded to all of the friends of the various libraries groups throughout the County, with a request that they send a letter supporting full funding of the Foundation.   On a motion by Supervisor Cervantes and a second by Supervisor Williams, Resolution No. 2007-02 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Supporting Full Funding of the Public Library Foundation” was adopted and further direct that copies of the resolution be sent to the Governor, Assemblyman Maze, Senator Ashburn, CSAC, and RCRC, and forwarded to the friends of the various libraries organizations throughout the County requesting they send a letter in support of this funding;   motion unanimously passed and adopted.

Resol. #2007-03/ Rate Increase Solid Waste Collection Areas A and B

The Deputy County Administrator, Mr. Chuck Hamilton, reviewed the request by Waste Connections, Inc., dba Bishop Waste and Sierra Disposal for the Board to consider a residential and commercial solid waste collection and hauling service rate increase.   He responded to questions from the Board explaining that the rate has not been increased since 2000 and that it is being requested because of the increase in fuel and other operational costs, as well as the implementation of the 5% increase in the “tipping fee” being charged the waste haulers.   The Board and Mr. Hamilton also briefly discussed the rate being quoted for door-to-door service for the Olancha and Darwin areas, with it being noted that the prices are very reasonable and are actually less that the rate quoted to those in the greater Bishop area.   On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2007-03 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Establishing Residential and Commercial Rate Schedules for Solid Waste Collection in Solid Waste Collection Areas “A” and “B” of Inyo County” was approved; motion unanimously passed and adopted.

Planning-Yucca Mt./USGS Joint Funding Agreement

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to ratify and approve a Joint Funding Agreement between the County of Inyo and the United States Geological Survey (USGS), Sacramento Office, for hydrologic support services for the period of November 1, 2005 through October 31, 2007, in an amount not to exceed $39,200; and authorize the Chairperson to sign.   Motion carried unanimously.

BofS/Minute Approval

The Clerk of the Board requested that the minutes of the December 5, and December 12, 2006 Board of Supervisors Meetings be approved as corrected, indicating that the Board had received copies of the corrected version.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors meetings of A) December 5, 2006 as corrected; B) December 12, 2006, as corrected, and C) December 19, 2006.   Motion carried unanimously.

P.W./Big Pine Care Facility RFP Responses

Mr. Ron Chegwidden, Public Works Director, announced that two proposals, one from High Sierra Art Institute and one from Freedom Ranch, had been received in response to the Request for Proposals (RFP) for the lease and development of the former Big Pine Care Facility.   The Board and Staff discussed the possibility of establishing a review committee to bring back recommendations on the proposals. Supervisor Bilyeu explained that because of his personal friendship with one of the responders he was going to distance himself from the review and recommendation process.   He also noted that any review committee should include Chief Probation Officer, Mr. Jim Moffett, because he has expressed some concerns with parts of the proposed uses of the facility as presented by Freedom Ranch to the Board last month.   Ms. Jean Dickinson, Director of Health and Human Services, addressed the Board to explain that one of the RFP responders had queried Health and Human Services (HHS) on program funding, which they were hoping would be available for their proposed program.   She explained that Staff’s plan for that funding was different than the one being proposed by the responder and that applications for the funding were on a tight deadline.

Supervisor Arcularius queried the Board regarding a desire to have public input on the proposed uses for the facility.   Ms. Beverly Brown, Third District Supervisor Elect, asked that the Board include the Big Pine School District and the County Office of Education should a review committee be established.   County Counsel, Mr. Paul Bruce, cautioned the Board on releasing proprietary RFP information to the public, as well as negotiation strategies, which could be impacted by the review committee process being discussed.   Mr. Bruce also briefly explained how public participation in the review of the proposals could ultimately change the scope of the project, thus negating the RFP process currently being considered.  

The County Administrator, Mr. Ron Juliff, briefly discussed the recommendation to have the Administration and County Counsel Staff review the responses to bring back recommendations.   He explained that normally the review and recommendation process would be handled by the Public Works Department, through coordination with all those departments and officials they determine are needed to justify the recommendations and options they feel are the most beneficial for the County.   He went on to say that should it be the desire of the Board for he and County Counsel to perform this review, he would be happy to proceed.   Supervisor Arcularius expressed her desire to handle this RFP in the normal fashion with Supervisor Cash expressing a desire to address the application for funding deadline identified by Ms. Dickinson.   Mr. Chegwidden indicated that he could have recommendations ready for Board consideration on January 16, 2007.  

Moved by Supervisor Arcularius and seconded by Supervisor Williams to direct the Public Works Department to review the responses to the RFP for the lease and development of the former Big Pine Care Facility and to seek input from appropriate County Staff to help in the evaluation of the proposals and to bring back recommendations for Board consideration of the proposals on January 16, 2007.    Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:25 a.m., to reconvene in a workshop at 10:35 a.m., with all Board Members present.

HHS-Workshop Mental Health Services Act

The Board met in a workshop with Health and Human Services Staff to receive an update on the Mental Health Services Act.   The Chairperson recessed the workshop at 11:00 a.m., to reconvene in open session, with all Board Members present.

CAO-Personnel/ ICEA MOU Amendment #2

The County Administrator explained that the following personnel actions being requested are as a result of the Board’s request to open negotiations with the unions to offer a salary increase to County employees, other than safety members, and to finalize changes to several policies and procedures which had remained unresolved.   He briefly reviewed several of the policies and/or procedures, which were amended including the sick leave bank and premium pay for required licenses and certifications.   He went on to say that the Board was providing a 3% salary increase across the Board to the employees, to recognize the hard work performed by County Staff, to begin to address on-going job succession and retention issues, and in an attempt to have County salaries keep pace with other governmental agencies in the area to improve recruitment efforts.  

Mr. Juliff explained that as a result of the Bengochia case settling, the almost $500,000 budgeted for the trial was available for the Board to apply to the increases.    Mr. Juliff went on to recognize and thank Chief Probation Officer, Jim Moffett, Personnel Analyst, Sue Dishion, and Deputy County Administrator, Kevin Carunchio, the County’s negotiating team, for their assistance.   He acknowledged and thanked the unions for their willingness to participate and move the negotiations forward to a mutually successful conclusion.    

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve Amendment No. 2 to the Comprehensive Memorandum of Understanding between the County of Inyo and the Inyo County Employees Association (ICEA), July 1, 2005 through June 30, 2007 and authorize the Chairperson to sign.   Motion carried unanimously.

CAO-Personnel/ EOAA MOU Amendment #1

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve Amendment No. 1 to the Memorandum of Understanding between the County of Inyo and the Elected Officials Assistants Association (EOAA), July 1, 2005 through June 30, 2007 and authorize the Chairperson to sign.   Motion carried unanimously.

Resol. #2007-04/ Non-Represented Employees Salary Increase

On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Resolution No. 2007-04 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Setting Salary, Terms and Conditions of Employment for Non-Represented Employees Employed in the Several Offices or Institutions of the County of Inyo, and Rescinding Resolution #2006-07” was approved; motion unanimously passed and adopted.

Resol. #2007-05/ Management Employees Salary Increase

On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes Resolution No. 2007-05 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Amending Resolution 2006-05, Changing Salary and/or Terms and Conditions of Employment for Management Employees Employed in the Several Offices or Institutions of the County of Inyo” was approved; motion unanimously passed and adopted.

Resol. #2007-06/ Appointed Officials Salary Increase

On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Resolution No. 2007-06 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Amending Resolution 2006-09, Changing Salary and/or Terms and Conditions of Employment for Appointed Officials Employed in the Several Offices or Institutions of the County of Inyo” was approved; motion unanimously passed and adopted.

CAO-Personnel/ Elected Officials and BofS Ordinance re Salaries

The County Administrator briefly explained that ordinances are required to change the salaries of elected officials and in keeping with the above explanation regarding salary increases for County employees across the board, the ordinances are presented for the Board’s consideration.   Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to A) waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Section 2.88.040 of the Inyo County Code to Provide for Increases in the Salary for Certain Elected County Officials, Excluding Members of the Board Supervisors;” and schedule the enactment for 11:00 a.m., Tuesday, January 9, 2007, in the Board of Supervisors Room at the County Administrative Center in Independence; and B) waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California, Amending Section 2.04.040 of the Inyo County Code to Provide for Increases in the Salary for the Members of the Board of Supervisors, and schedule the enactment for 11:00 a.m., Tuesday, January 9, 2007, in the Board of Supervisors Room at the County Administrative Center in Independence.   Motion carried unanimously.

P.W./Transfer of Superior Court Division II Facility Lease to AOC

Mr. Ron Chegwidden, Public Works Director, provided additional information and further explanation regarding the transfer of the Superior Court Division II Facility Lease between the County of Inyo and Robert Bell to the AOC pursuant to the Trial Court Facilities Act of 2002, which required that all court facilities be transferred to the State.   He briefly explained the Act provides that while the State assumes ownership of the buildings, the counties are required to pay the state for the cost of maintenance, which is capped to the costs identified at the time of the transfer.   He also explained that in some instances the counties are expected to maintain the liabilities for the buildings, which is the major sticking point in the negotiations between the County of Inyo and the State AOC for the transfer of the Courthouse in Independence.  

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) authorize the transfer and assignment of the lease between Robert Bell and the County of Inyo for the Superior Court Division II facility, located at 345 South Clay Street, Independence, California, to the State of California pursuant to the Trial Court Facilities Act of 2002 (Act);   B) amend the FY 2006-07 County Budget as follows: (a) increase appropriation in General Revenues and Expenditures Budget Unit 011900, Other Agency Contribution (Object Code #5539) by $8,409, (b) decrease appropriations in Maintenance of Building and Grounds Budget Unit 011100, Office Space and Site Rental (Object Code #5291) by $5,675, and (c) decrease appropriations in Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $2,734; C) authorize an annual expenditure in the amount of $20,317 as the County Facility Annual Payment for the facility as specified in the Act, with the first prorated payment of $3,329.73 due February 1, 2007 and the following quarterly payments of $5,079.25, on April 1, July 1, October 1 and January 1 thereafter, contingent upon the Board’s adoption of future budgets; and   D) authorize the Chairperson to sign the Lessee Estoppel Certificate, Lease Assignment, Assumption and Amendment of Lease, and the Transfer Agreement between the Judicial Council of California, Administrative Office of the Courts (AOC), and the County of Inyo, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Water Dept./Water Comm. Appointment

Supervisor Williams informed the Board that he had spoken with both candidates and thanked Ms. Cawelti and Mr. Metz for their requests for appointment.   Supervisor Williams went on to say that he was recommending Ms. Cawelti for reappointment because of her experience on the Water Commission and her ability to bring a diverse perspective to those issues, which the Commission addresses, most notably that of the Native Americans, which is often overlooked.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to appoint Ms. Teri Cawelti to fill a vacancy on the Inyo County Water Commission to complete a four-year term ending December 31, 2010.    Motion carried unanimously.

HHS-Child Care Planning Council Bylaws

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Child Care Planning Council Bylaws, reducing the membership composition from 11 members to 10 members.   Motion carried unanimously.

Resol. #2007-07/ No Jake Brake Signs

Supervisor Arcularius requested that the resolution to place “no jake brake” signs be amended to include installation of the signs in the Bishop area as well as on U.S. Highway 6.   Supervisors Cash and Williams concurred with the request and the Board continued to discuss how to identify where the signs should be installed.   The County Administrator suggested and the Board concurred to amend the first “Now Therefore” paragraph of the Resolution to read “…Lone Pine, the greater Bishop area and Southbound on U.S. Highway 6 into the greater Bishop area.”   On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Resolution No. 2007-07 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Requesting Caltrans Install “No Jake Brake” Signs” be approved as amended to include “the greater Bishop area and Southbound on U.S. Highway 6 into the greater Bishop area” in the first “Now Therefore” paragraph; motion unanimously passed and adopted.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 11:50 a.m., to reconvene in open session at 1:00 p.m., with all Board Members present.

Planning/IMACA Contract to Administer HOME Grant Program

Ms. Jan Larson, Senior Planner, reviewed the recommendation to contract with IMACA for the administration of the HOME Grant Program.   She explained that $20,000 of the $1-million is available to the County for administration costs and IMACA will charge up to 6.5% of each loan as the administration fee.   She explained that the program will service between 8-10 home buyers and will provide a “silent second” for qualified applicants with payment becoming due either upon default of the loan or sale of the property.   Ms. Arlene Grider of the Housing Action Committee, and Mr. Mike Johnston of the Housing Action Committee and the IMACA Board of Directors, addressed the Board to support approval of the Contract with IMACA to administer the funds and for the program.   Mr. Johnston also encouraged the Board to update the County’s Zoning Ordinance.

Mr. Daniel Steinhagen, Executive Director of IMACA, addressed the Board to support approval of the Contract, to thank the County for giving IMACA the opportunity to perform this vital service for the community and to provide assurances to the Board of the organization’s qualifications to administer the HOME Grant Program funds. Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the Contract between the County of Inyo and Inyo Mono Advocates for Community Action, Inc., (IMACA) to administer the County’s HOME Grant Program for FY 2006-07 for the period of December 1, 2006 through December 31, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the past several weeks, including notification that the Secured Schools funding was not reauthorized and of on-going efforts by RCRC, CSAC and other groups to ensure that the funding is reinstated, that Nevada and San Luis Obispo counties have succession planning and employee university programs which Inyo County may be able to use as a starting place for our succession planning, a meeting with the Director of the Department of Pesticide Regulations, including information and statistics on food products enforcement and the monitoring and inspection of imported foods, an update on extended deadlines and changes to ARB regulations to control emissions from publicly owned diesel-fueled vehicles, the California Highway Patrol dedication ceremony for the Officer Paul Pino section of U.S. Highway 395, a Friends of the Mt. Whitney Fish Hatchery meeting, and farewell remarks by departing Supervisor Ted Williams.   The County Administrator calendared a February 26, 2007 Workshop on Yucca Mountain and reminded the Board of the Planning Director interviews scheduled for Monday, January 15, 2007, in Independence.   Supervisor Arcularius requested that the meeting be scheduled to begin at 9:30 a.m., in order for the Board to discuss and prepare for the first interview at 10:00 a.m.

Adjourned

The Chairperson adjourned the regular meeting at 1:47 p.m., in memory of President Gerald Ford, to 9:00 a.m., Tuesday, January 9, 2007, in the Board of Supervisors Ro

om, at the County Administrative Center, in Independence.