County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Clyde Reyburn of the Big Pine Chamber of Commerce, invited the Board to attend the “Big Pine Days in Big Pine” celebration this weekend, and highlighted several of the activities.

County Dept. Reports

The Chairperson announced the County Department Report period. Mr. Pat Cecil, Planning Director, updated the Board on the Department’s activities, including inviting the Board to a retirement celebration in the office on May 1, 2007, for Ms. Rennie Holland. Mr. Kevin Carunchio, Deputy County Administrator, reported on the Regional Collaborative Workshop which was held last Tuesday, at the Crowley Lake Community Center. Mr. Carunchio also informed the Board of the submittal of an USDA Grant for an Owens Valley Natural Livestock Feasibility Study. Mr. Ron Chegwidden, Public Works Director, updated the Board on the grading permit issue, which was recently discussed by the Board. He also informed the Board that he would be addressing the CTC on behalf of the local LTC on the RTP. Mr. Tom Brooks, Water Director, updated the Board on the Department’s activities, including the notification on the operation of Well 400 in the Independence area. Mr. Brooks informed the Board that formal discussions regarding the well and the Annual Operations Plan are scheduled for next week’s Board meeting. Sheriff Bill Lutze invited the Board Members to the vendor demonstration of the Reverse 911 System. Sheriff Lutze also updated the Board on the current proposal for the prison reform being considered.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:45 a.m., to reconvene at 10:00 a.m., with all Board Members present.

Planning/Envosys Contract

Moved by Supervisor Arcularius and seconded by Supervisor Brown to ratify and approve the Contract between the County of Inyo and Envosys Consultants for the provision of groundwater modeling and related hydrogeologic services in an amount not to exceed $40,173 for the period of March 15, 2007 through September 30, 2007, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Planning/Bishop Summit, Beach Wells Harboldt and Dosch Contracts

Moved by Supervisor Arcularius and seconded by Supervisor Cash to ratify and approve the Contracts between the County of Inyo and the following for provision of groundwater modeling and related hydrogeologic services for the period of March 15, 2007 through September 30, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained: A) Bishop Summit, LLC, B) Robert and Gretchen Beach, Wells-Harboldt, LLC and C) Howard and Linda Dosch. Motion carried unanimously.

Rd. Dept/Plant Mix Asphalt Material P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Brown to A) amend the FY 2006-07 Congestion Relief Budget Unit 034602 by increasing estimated revenue in State Other (Revenue Code #4499) by $489,352 and increasing appropriations in Road Materials (Object Code #5309) by $489,352; and B) award the bid for and approve the contract between the County of Inyo and Intermountain Slurry Seal, Inc., dba Desert Aggregates for the purchase of plant mixed asphalt surfacing materials for the period of April 24, 2007 through December 31, 2007, in an amount not to exceed $300,000, contingent upon the Board’s adoption of a FY 2007/08 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Treasurer/Non Issuance of Trans

Moved by Supervisor Brown and seconded by Supervisor Cash to issue the order, pursuant to Section 53853(b) of the California Government Code, notifying the Lone Pine Unified School District and the Owens Valley Unified School District that the Inyo County Board of Supervisors will not authorize by resolution the issuance of the school districts’ Tax and Revenue Anticipation Notes (TRANS) for FY 2007-08 on their behalf. Motion carried unanimously.

Clerk-Recorder/ New Voter Registration System

Ms. Mary Roper, Clerk-Recorder, explained that Sequoia Voting Systems notified the County that they would no-longer be supporting their Voter Registration System, which was the impetus for the County having to identify another vendor. She informed the Board that Sequoia Voting Systems had been purchased by a Venezuelan Company, that they were in the process of divesting themselves of Sequoia, and that Sequoia is still supporting the computer voter system. Ms. Roper, explained that since the new vendor, DFM Associates is a California Company that she as a level of comfort with their ability to support this system. Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) declare DFM Associates the sole source provider of voter registration systems for the Clerk-Recorder; B) approve the Contract between the County of Inyo and DFM Associates for (a) the purchase of the EIMS voter registration system in an amount not to exceed $44,000, (b) the payment of the annual license fee in the amount of $600 beginning with FY 2007-08 and each year for the term of the lease, and (c) the $1,000 per month lease fee for the term of the agreement, contingent upon the Board’s adoption of future budgets; and C) authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the minutes of the April 10, 2007, Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Arcularius abstaining.

Moved by Supervisor Cash and seconded by Supervisor Brown to approve the minutes of the April 17, 2007, Board of Supervisors Meeting. Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a Stewardship Council Meeting, planning meeting for the Outdoor Writers Conference, planning meeting on the Senior Program fundraiser, a Mental Health Board Meeting, Inyo Associates, an LTC Meeting, Southern Inyo Airport Advisory Meeting, Northern Inyo Airport Advisory Meeting, ESTA Meeting, Boys and Girls State Luncheon, ICARE Dinner, Housing Action Committee Meeting, and a Fish and Game Advisory Commission Meeting.

Recess/

Reconvene

The Chairperson announced that after the lunch break the Board would convene in a special meeting. The Chairperson recessed the regular meeting at 12:05 p.m., to reconvene in closed session at 1:20 p.m., with all Board Members present.

Closed Session

The Board met in closed session to discuss Agenda Items No. 9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Avocet Tungsten, Inc. v. County of Inyo, Inyo County Superior Court Case No. CVPT-05-38112; No. 10. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [Pursuant to Government Code Section 54956.9(c) ] – Decision whether to initiate litigation (one case); No. 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Felix Duenas and Josee Latreille v. State of California, County of Inyo and Highland Construction, Inc., Inyo County Superior Court Case No. S1CVCV07-43504; No. 12. 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); and No. 13. REAL PROPERTY NEGOTIATIONS [Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8] – Property – Eastern Sierra Regional Airport (Bishop) – Negotiating Parties – City of Los Angeles Department of Water and Power and County of Inyo – Negotiations – Price and Terms.

Report on Closed Session

The Chairperson recessed closed session at 4:50 p.m., to reconvene in open session to receive a report on closed session. County Counsel reported that A) with regard to Agenda Item No. 11. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Felix Duenas and Josee Latreille v. State of California, County of Inyo and Highland Construction, Inc., Inyo County Superior Court Case No. S1CVCV07-43504, which is existing litigation which concerns a single vehicle roll-over accident occurring on U.S Highway 395 south of Independence, 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 defend and represent the County in this matter; and B) with regard to Agenda Item No. 9. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Avocet Tungsten, Inc. v. County of Inyo, Inyo County Superior Court Case No. CVPT-05-38112, which is existing litigation being brought by Avocet Tungsten versus the County of Inyo this is litigation being brought by an entity that alleges they own an interest in the old Pine Creek Mine, and is suing the County for the reclamation bond which the County seized because the mine was not being reclaimed after it had ceased mining and milling operations, 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 defend and represent the County in this matter.

Adjournment

The Chairperson adjourned the regular meeting at 4:55 p.m., to 9:00 a.m., Tuesday May 1, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.