County of Inyo

Board of Supervisors

Public Comment

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

County Dept. Reports

The Chairperson announced the County Department Report period and there were no reports forthcoming.

CAO-Personnel/ Leave of Absence

Moved by Supervisor Cervantes and seconded by Supervisor Cash to ratify and approve a request for a leave of absence without pay for a period of 90 days beginning January 1, 2007 through April 9, 2007 in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations. Motion carried unanimously.

CAO-Personnel/ Planning Director J. Cecil Contract

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve the Contract between the County of Inyo and James P. Cecil for the provision of personal services as the Planning Director at a monthly salary of $8,085 effective March 12, 2007 and authorize the Chairperson to sign. Motion carried unanimously.

County Counsel/ Conflict Code

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve the revised 2006 Conflict of Interest Code Biennial Report and Conflict of Interest Code from the Public Works Department. Motion carried unanimously.

P.W./So Cal Edison Contract

Moved by Supervisor Cervantes and seconded by Supervisor Cash to ratify and approve the Contract for Extension of Electric Distribution Line between the County of Inyo and Southern California Edison Company; and authorize the Public Works Director to sign on behalf of the County. Motion carried unanimously.

P.W./LTC Audit Contract Bartig Basler and Ray

Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) declare Bartig, Basler & Ray as a sole source provider for preparation of a triennial performance audit for the Inyo County Local Transportation Commission; and B) approve a contract between the County of Inyo and Bartig, Basler & Ray for the preparation of a performance audit of entities using/administering Transportation Development Act (TDA) funds for the triennial period ending June 30, 2006, in a contract amount not to exceed $14,000, for the period of February 13, 2007 through June 30, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

P.W./Core Subdivision Contract

The Public Works Director explained that this and the next agenda item concern properties which are currently involved in litigation and that this and the next subdivision contract would preserve the applicants’ rights to perform the work required under the Parcel Map through the contract should it be allowed once the litigation on the property is settled. Supervisor Brown questioned why this alternative is being considered, when extensions to the work could be granted. She also expressed concern with any action being taken concerning this request and the following request from the Lavertys prior to the litigation being settled. Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Subdivision Contract between the County of Inyo and James and Mary Core for the performance of improvements required under Tentative Parcel Map 357. Motion carried on a four-to-one vote, with Supervisor Arcularius, Cash, Bilyeu and Cervantes voting yes, and with Supervisor Brown voting no.

P.W./Laverty Subdivision Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Subdivision Contract between the County of Inyo and David and Ellen Laverty for the performance of improvements required under Tentative Parcel Map 350. Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Bilyeu and Cervantes voting yes, and with Supervisor Brown voting no.

P.W./Airport Café RFP

The Public Works Director provided additional information and further explanation on the request to reject the proposal submitted for the Eastern Sierra Regional Airport Restaurant explaining that the terms offered in the proposal were not favorable to the County. Supervisor Arcularius requested that the RFP be amended to clarify that the proposal was for a full service airport café not a cafeteria. Moved by Supervisor Cash and seconded by Supervisor Brown to reject the proposal from Leonard’s Airport Café for the Eastern Sierra Regional Airport Restaurant Operations and direct the Public Works Director to reissue the amended RFP for the Airport Café which specify a full-service café operation. Motion carried unanimously.

Resol. #2007-11/ Investment Authority

Ms. Alisha McMurtrie, Treasurer-Tax Collector, explained that the request to delegate the investment authority to the County Treasurer is a yearly obligation and should the Board decide not to delegate the authority, it remains with the Board. On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-11 was approved delegating investment authority to the Inyo County Treasurer: motion unanimously passed and adopted.

Treasurer/

Investment Policy

The Treasurer-Tax Collector explained that the Investment Policy is identical to last year’s policy, which was approved by the Board. Supervisor Cash noted minor clerical corrections, providing a copy of the noted changes to the Clerk. Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Inyo County Treasury Investment Policy as submitted and corrected. Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:25 a.m., to reconvene at 9:35 a.m., with all Board Members present.

CAO-Indy Chamber Cal Expo Funding

Shortly after the discussion began regarding the Independence Chamber of Commerce’s request for County funding of the 2007 Cal Expo Exhibit, the Chairperson, Supervisor Jim Bilyeu, declared a conflict because of his membership in the Independence Chamber of Commerce. Supervisor Bilyeu turned the meeting over to the Vice-Chairperson, Supervisor Linda Arcularius who presided as Chair and he left the meeting. Mr. Rich White, representing the Independence Chamber of Commerce, provided further information and explanation regarding the Chamber’s request for County funding for this year’s Cal Expo Exhibit. The Board, Staff and Mr. White discussed the proposal with several Board Members expressing concern with the lack of a budget, as well as the fact that the Coalition of Chambers had not supported this project in the last two years. Supervisor Brown expressed her support for the County having a presence at the State Fair. Mr. Kevin Carunchio, Deputy County Administrator, informed the Board of several other projects for which organizations were going to be seeking additional County funds. The Board and Staff discussed the need to identify funds for special projects including the consideration of using General Fund contingencies. The Board and Staff discussed the need for long-term planning and strategizing regarding the promotion of the County, which should include consideration of the Cal Expo Exhibit. The Board and Mr. Carunchio briefly discussed the upcoming mid-year budget review, which is scheduled for next week. Supervisor Cervantes made a motion, which was not seconded to fund the Independence Chamber of Commerce as requested for the 2007 Cal Expo Exhibit. The motion failed on one-to-threeroll-call vote, with Supervisor Cervantes voting yes, and with Supervisors Arcularius, Cash and Brown voting no and with Supervisor Bilyeu absent. The Board expressed a desire to discuss this and any other special projects requesting funds after next week’s mid-year budget review and directed Staff to agendize those requests on next week’s Board of Supervisors Meeting Agenda. Supervisor Bilyeu rejoined the meeting at the conclusion of this conversation.

Closed Session

The Chairperson recessed open session at 10:50 a.m., to convene in closed session, with all Board Members present, to discuss Agenda Item No. 14. CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code §54956.9(a)(c)]. Two Cases – (A) 2007-10 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.

Recess/

Reconvene

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

Closed Session

The Board met in closed session to continue discussion on the previously noticed closed session item.

Report on Closed Session

The Chairperson recessed closed session at 4:00 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 4:00 p.m., to 9:00 a.m., Tuesday, February 20, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.