County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Gavin Wilkinson, a Lone Pine Resident, addressed the Board and provided information regarding the County’s permitting process as it relates to his 80-acre property near Lone Pine. The Chairperson explained that during public comment the Board is prohibited from engaging in the discussion and suggested Mr. Wilkinson schedule this for an action item on a future agenda. Mr. Wilkinson requested that the date be determined before he left the podium and it was scheduled for 9:00 a.m., on Tuesday, April 10, 2007.

County Dept. Reports

The Chairperson announced the County Department Report period. Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the State’s Health Care Reform conference calls.

Introduction

Ms. Patricia Barton, Public Administrator/Public Guardian introduced her assistant, Ms. Kelli Lanshaw to the Board.

Org./Wild Iris Proclamation

The Rural Outreach Coordinator for Wild Iris briefly described sexual assault awareness events, which would be held throughout the County during April. Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve a proclamation declaring April 2007, as Sexual Assault Awareness Month in Inyo County. Motion carried unanimously.

BofS/Medical Marijuana Dispensary Operation

Mr. Bret Birmingham the owner of High Sierra Medicinal addressed the Board to provide further information, clarification and justification for a safe and secure Medical Marijuana Dispensary in Inyo County. Mr. Birmingham and the Board discussed his proposal in detail.

Mr. Butch Hambleton and Mr. Clyde Reyburn representing the Big Pine School Board addressed the Board to oppose the proposal, expressing their concerns with exposing school children to this type of operation. Mr. Hambleton suggested that prior to the County’s consideration of this type of operation that a local survey of the doctors and pharmacists be conducted in order to find out exactly how many medical marijuana patients there are in Inyo County who would be needing this service. Mr. Howard Lehwald, Chairperson of the Inyo County Juvenile Justice Committee addressed the Board to also oppose the proposal and explain that his concern is for the children and teens that may be adversely affected by this type of operation.

Mr. Birmingham, the Board, Staff, and members of the audience continued to discuss the proposal, including (a) what federal and state licenses and permits allow; (b) the limitations identified in the Compassionate Use Act of 1996 which allows the use of marijuana for medicinal purposes; (c) how and where current users are obtaining their marijuana; (d) the medical benefits derived from the use of marijuana; (e) the discrepancies between California Law which allows medicinal marijuana and the Federal Law which does not and which laws take precedent; and (f) briefly discussing how and by whom medical marijuana identification cards are issued. The Chairperson noted that a more in depth discussion on an identification card program would be conducted during the 10:00 a.m. workshop.

Supervisor Cash, clarified that the medical marijuana identification program was for the possession and use of marijuana and not for the purchase. Sheriff Bill Lutze provided an example of how the marijuana identification could be useful to law enforcement.

Mr. Birmingham said he wanted to begin his operations, at least temporarily, on the first of April, even if only to issue identification cards. Supervisor Arcularius advised Mr. Birmingham with respect to his comment that nothing in today’s discussion should be construed by him to mean that the marijuana dispensary he is proposing is allowed in Inyo County. Mr. Birmingham asked under what section of the law was he being denied the ability to operate? He explained when the Planning Department Code Enforcement Officer called to tell him his operation was not allowed, the person refused to provide him a citation for the law or ordinance that the County was relying on.

County Counsel, Mr. Paul Bruce, responded to Mr. Birmingham’s inquiry. Mr. Bruce explained that he wanted to make it perfectly clear and to ensure that there were no misunderstandings that medical marijuana dispensaries in Inyo County are not allowed, referring Mr. Birmingham to Section 18.78.020 of the Inyo County Code which reads “State and federal laws – Nothing in this title shall establish rules and regulations where in conflict with state or federal law. (Ord. 943 §4(part), 1994). Mr. Bruce also informed Mr. Birmingham that should he choose to proceed, he would be subject to whatever actions law enforcement deems necessary regarding that illegal activity. Mr. Birmingham thanked the Board for their time.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:48 a.m., to reconvene at 11:00 a.m., with all Board Members present.

HHS-Hlth Serv./ Medical Marijuana I.D. Program

The Chairperson recessed open session to convene in a workshop with representatives of the Health and Human Services Department on the Compassionate Use Act – Medical Marijuana Identification Card Program. The Chairperson recessed the workshop at 12:00 p.m., to reconvene in open session.

HHS-Hlth. Serv./ Medical Marijuana I.D. Program

Ms. Jean Dickinson and Ms. Linda Benson, Director and Assistant Director of Health and Human Services, explained that the State of California was mandating that Counties provide a medical marijuana identification card process. Ms. Benson indicated they were expecting to issue 6-12 cards per year. They reviewed the information which identifies how the cards are to be issued, what information is to be contained on the cards, how the information will be transmitted to the State and placed on a State web page for access by law enforcement, and the alternatives for who may issue the cards. The Board and Staff discussed the estimated costs of the program. The Board reiterating that the identification cards are for the possession and use of medicinal marijuana not for the purchase. Supervisor Bilyeu explained that while he was going to vote for the Identification Program, he was opposed to the sale of medicinal marijuana because he felt it could be misused to promote illegal drug activity. The other Board Members went on to express their personal views, including that the identification card was for the possession and use not the purchase of marijuana, that there are some positives in medicinal marijuana in that it does help the seriously ill, and the Compassionate Use Act of 1996 was approved by the voters, which needs to be recognized and respected as the democratic process. Moved by Supervisor Cash and seconded by Supervisor Brown to authorize the implementation of the mandated Compassionate Use Act—Medical Marijuana Identification Card Program as a Pilot Program for one-year, approve the associated fees as recommended by Staff, and direct that the Board be kept informed as to the costs for the program and informed as to the disposition of the litigation which could impact the Program. Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene at 12:45 p.m., with all Board Members present.

HHS-IHSS Program W/S

The Chairperson convened in a workshop on the County’s In-Home Supportive Services (IHSS) Program. The Chairperson recessed the workshop at 1:00 p.m. to convene in closed session, with all Board Members present.

Closed Session

The Board met in closed session to discuss Agenda Item No. 28. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Title: IHSS – Negotiator: Carolyn Williams & Mike Noda, Community Solution Services. The Chairperson recessed closed session at 2:00 p.m., to reconvene in open session, with all Board Members present.

Ag Comm./Weed Management Vehicle P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) declare Diamond Motors, Folsom Lake Ford, Mel Clayton Ford, Perry Motors and Rotola Chevrolet as non-responsive bidders and B) award a bid to Eastern Sierra Motors as the low bidder for the purchase of one (1) heavy duty 4X4 cab and chassis in an amount not to exceed $33,610.46. Motion carried unanimously.

Ag. Comm./Mosq. Abatement

Vehicle P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) declare Diamond Motors, Folsom Lake Ford and Mel Clayton Ford as non-responsive bidders and B) award a bid to Eastern Sierra Motors, a local vendor, who’s bid was within 2% of the next lowest bidder, Rotola Chevrolet, for the purchase of one (1) ½ ton regular cab 4X4 pickup in an amount not to exceed $21,842.00. Motion carried unanimously.

HHS-Mental Hlth. Serv./Office of Ed MOU

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to ratify the Memorandum of Understanding (MOU) between the County of Inyo and the Inyo County Office of Education for the receipt of funds to provide Mental Health services to emotionally disabled children for FY 2006-07; and authorize the Chairperson and the Director of Health and Human Services to sign on behalf of the County. Motion carried unanimously.

HHS-Inyo First Five/IMACA Contract REACH Program

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve and ratify of the Contract between the County of Inyo and Inyo Mono Advocates for Community Action (IMACA) for the provision of countywide home visiting services through the Resource, Education, Advocacy, Community, Health (REACH) Program in the amount not to exceed $765,000 for the period of April 1, 2007 through June 30, 2011, contingent upon the Board’s approval of future budgets; and authorize the Chairperson to sign. Motion carried unanimously.

Planning/L.P. Design Review Board Appointment

The County Administrator explained that the Lone Pine Chamber of Commerce category needed to be removed from the Board’s consideration in that no recommendation was being made for the appointment at this time. Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to make the following appointments to the Lone Pine Architectural Design Review Board: A) Mr. Rick Leslie to complete an unexpired two-year term ending August 19, 2008, representing the licensed architect category; and C) Ms. Linda Haun to complete a two-year term ending February 24, 2009, representing the member of the public category. Motion carried unanimously.

Planning/Parcel Merger

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve Parcel Merger No. 2007-1/Holt, to merge two lots into one at the northwestern corner of the intersection of Main Street (U.S. Highway 395) and Crocker Avenue in Big Pine. Motion carried unanimously.

P.W./Bishop Senior Center Painting Project

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to take the following actions regarding the Bishop Senior Center Painting Project: A) reject the bid submitted by Sierra Remodeling Services of Bishop; B) declare Don Rizzo Painting of San Diego as non-responsive; and C) authorize the Public Works Director to re-advertise for bids for the project. Motion carried unanimously.

P.W./Eastern Sierra Engineering Materials Testing Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to ratify and approve Amendment No. 1 to the Contract between the County of Inyo and Eastern Sierra Engineering for Materials Testing Services for the Eastern Sierra Regional Airport Access Road Construction Project and for Phase I of the Dehy Park Improvement Project, increasing the Contract amount by $1,230 to an amount not to exceed $23,230, for additional testing services required for the Dehy Park Improvement Project and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Ag Comm./ Vehicle P. O.

The Agricultural Commissioner asked that Section A, the budget amendment portion of this item, be pulled from the Board’s consideration because the action had already been approved during the mid-year Budget Review. Moved by Supervisor Brown and seconded by Supervisor Arcularius declare Diamond Motors, Folsom Lake Ford and Mel Clayton Ford as non-responsive bidders and award a bid to Eastern Sierra Motors as the low bidder for the purchase of one (1) ½ ton extra cab 4X4 pickup in an amount not to exceed $23,143.62. Motion carried unanimously.

Senior Program/ Budget Amend- ment and Vehicle P. O.

Mr. Charles Broten, IMAAA and Senior Program Director, explained that the request before the Board is to recognize some grant funds which are being redirected with the approval of the grantee for the purchase of a much needed vehicle. He noted that the IMAAA budget has a deficit and that he will be bringing back a corrective action plan for the budget on April 17.

Supervisor Cash requested that the corrective action plan also include a discussion on what went wrong and why this budget was under funded. The Board and Mr. Broten also discussed the ability of the Board to award the purchase prior to the solicitation of the bids, with the Board indicating they would expect the authorization to purchase the vehicle to be returned for Board approval.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) amend the FY 2006-07 IMAAA Budget Unit 612500 by increasing estimated revenue in Other Current Charges (Revenue Code #4825) by $18,000 and increasing appropriations in Vehicles (Object Code #5674) by $18,000; and B) authorize Staff to solicit bids for a vehicle, with the award of the bid and authorization to purchase being returned for Board approval. Motion carried unanimously.

CAO-Budget/ FY 2007-08 Budget Calendar

The Board and Staff discussed the recommended calendar for the FY 2007-08 Budget Hearings. In reviewing their calendars the Board directed that the Budget Calendar for FY 2007-2008 be amended as follows: (a) set the Budget Hearings to begin on August 20, 2007 and continue, if necessary, through Thursday, August 30, 2007 and (b) schedule the adoption of the Final Budget for September 11, 2007.

Clerk-Recorder/ Cashiering and Imaging System Equipment P. O.

Ms. Mary Roper, Clerk-Recorder, provided additional information regarding the emergency purchase of the Recorder’s Cashiering and Imaging System equipment. The Board requested that the Clerk keep them updated as to the costs on the upcoming February Presidential Primary Election. Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) ratify the emergency purchase of the Recorder’s Cashiering and Imaging System equipment from AtPac; and B) amend the FY 2006-07 Recorders Budget Unit 023401 by increasing appropriations from Office Equipment >$5,000 (Object Code #5669 ) by $14,530.12 and decreasing appropriations in Office and Other Equipment <$5,000 (Object Code #5324) by $14,530.12. Motion carried unanimously.

P.W./Electrical Upgrade Project and Salas O’Brien Contract

The P.W. Director provided additional information and further justification of the request to contract for engineering services for the Electrical Upgrade Project associated with the Network Project. The Board thanked Mr. Chegwidden and other County Department’s for prioritizing the Network Project. Mr. Chegwidden requested that the dates for the contract be changed to reflect a beginning date of April 1, 2007 and an ending date of March 31, 2008. Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) amend the FY 2006-07 Network Project Budget Unit 011805 by decreasing appropriations in Maintenance of Equipment (Object Code #5171) by $53,061 and increasing appropriations in Professional and Other Services (Object Code #5265) by 53,061.00 (4/5’s vote required) ; B) declare Salas O’Brien Engineers, Inc., as a sole-source provider of engineering services for preparation of project documents for Phase I of the Electrical Upgrade Project and C) approve the Contract between County of Inyo and Salas O’Brien Engineers, Inc., for the provision of engineering services in an amount not to exceed $53,061 for the period of April 1, 2007 through March 31, 2008; and authorize the Chairperson to sign. Motion carried unanimously.

P.W./MHA Environmental Consulting Contract Amendment

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve Amendment #1 to County of Inyo Standard Contract #118 between the County of Inyo and MHA Environmental Consulting, Inc. for an additional $95,000 to provide environmental consulting services for the Gill Station-Coso Road Rehabilitation Project ($46,000) and the Alabama Hills (Tuttle Creek Road) Reconstruction Project ($49,000), for a total not to exceed $173,000, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

P.W./California Engineering Contract Amendment

Moved by Supervisor Cervantes and seconded by Supervisor Brown to approve Amendment #3 to the contract between the County of Inyo and California Engineering Company, Inc., extending the term of the contract from March 31, 2007 to June 30, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Post Agenda/ Nevada Legislation

County Counsel, Mr. Paul Bruce, submitted a request for the Board to consider a Post Agenda Item, in that the County has just learned that legislation has been proposed in the Nevada Legislature to establish a Tristate Desert Advisory Commission, which would include Inyo County. Mr. Bruce informed the Board that this legislation is to be heard by the Assembly Committee on Governmental Affairs this Thursday, March 29, 2007 in Carson City, Nevada. He explained that the Board will need to make a decision on whether they want to be involved in Thursday’s hearing before next Tuesday’s Board Meeting.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to find that the need to discuss and take action on proposed Nevada legislation which could impact Inyo County arose after the Agenda for the March 27, 2007 Board of Supervisors meeting was posted, and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore this item is added as Agenda Item No. 23A. Motion carried unanimously.

BofS/Nevada Legislation Impact Inyo County

County Counsel reviewed the information concerning recent legislation introduced in the Nevada Legislature, which would impact Inyo County. He explained that the legislation would create a Tristate Desert Advisory Commission comprised of representatives from Clark County Nevada and Inyo and San Bernardino counties in California, to address areas of mutual interest, most prominently Sandy Valley. He went on to review the proposed membership of the Commission, as well as the concerns identified in Mr. James’s letter. The Board was disturbed that (a) Inyo County had not be apprised of this proposal in a timely manner, (b) the exclusion of Nye County, (c) the fact that the appointing authority is the California and Nevada State legislatures, (d) the lack of local elected representation and local control, (e) the need for comparable California legislation, which should be carried by Inyo County’s representatives, (f) the fact that the bill would provide for much broader study areas than just the Sandy Valley region, i.e., water, zoning and land-use, generation of energy and air quality and pollution, and (g) the Board’s unwillingness to support or oppose the legislation without actually having seen the legislation in its entirety.

Supervisor Cash wondered if the Long Term Water Agreement would be impacted should the County of Inyo pursue the concept of legislation, since water is one of the areas to be considered. County Counsel responded to Supervisor Cash explaining that the LTWA would not be impacted by actions of the Board with regard to this legislation. Inyo County Water Director, Mr. Tom Brooks and Planning Director, Mr. Pat Cecil, addressed the Board noting their concerns with the proposal, which included how costs for the Commission were to covered, as well as differences between the California and Nevada environmental laws and the lack of local control. The Board discussed a variety of alternatives available to them to respond to the legislation, including sending representatives of the County to Cason City to testify at the hearing on Thursday. Supervisor Arcularius suggested that Mr. James, who has testified before the Nevada Legislature on water issues, be considered a candidate to testify on behalf of the County. The Board directed that the Administration determine who to send to Cason City on Thursday, March 29, 2007, to convey Inyo County’s concerns, as identified during this discussion and confirmed by County Counsel, with the proposed legislation to form a Tristate Desert Advisory Commission; and further direct that Staff notify San Bernardino County and Nye County Nevada of this proposed legislation.

Closed Session

The Chairperson recessed open session at 3:15 a.m., to reconvene in closed session, with all Board Members present, to discuss Agenda Items No. 24. 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); No. 25. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] Department of Fair Employment & Housing v. County of Inyo, Probation Department E200607C0834-00-ae/37AA706232; No. 26. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Inyo County Employees Association (ICEA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; and No. 27. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Elected Officials Assistant Association (EOAA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio.

Report on Closed Session

The Chairperson recessed closed session at 3:45 p.m., to reconvene in open session, to receive a report on closed session. County Counsel reported that with regard to Agenda Item No. 25. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] Department of Fair Employment & Housing v. County of Inyo, Probation Department E200607C0834-00-ae/37AA706232, which is an action by the DFEHA claiming the County discriminated in its hiring practice towards an applicant based on age and disability, the Board, in a unanimous vote, with Supervisors Arcularius, Cash, Brown, Bilyeu and Cervantes voting yes, authorized and directed the Office of County Counsel to represent and defend the County and the Probation Department in the Administrative Hearing and any litigation which may arise from this matter.

Adjournment

The Chairperson adjourned the regular meeting at 3:45 p.m., to 9:00 a.m., Tuesday, April 3, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.