County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced that Supervisor Cervantes was absent because he was attending a Yucca Mountain AULG Meeting in Las Vegas. He went on to announce the public comment period. Mr. Rich White, Independence Chamber of Commerce, briefly updated the Board on the California State Fair schedule and gave the Board Members their invitations to the Fair.

County Dept. Reports

The Chairperson announced the County Department report period. Ms. Jean Dickinson, Director of Health and Human Services, reminded the Board and the audience of the upcoming community forum on treating addictions inviting all interested parties. She informed the Board that CSAC and CHEAC are now monitoring the State’s prison reform issues from a health care perspective and that she would be scheduling a workshop to bring the Board up to date on Inyo County’s health care costs for detainees in our jail and juvenile center.

CAO-Admin. Serv./Maudsley Lease

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve Amendment No. 3 to the Lease Agreement between the County of Inyo and Maudsley Enterprises, Inc., for office space in Cottonwood Plaza for Integrated Waste Management, Parks and Recreation, Risk Management, Personnel and Board/CAO for the period of July 1, 2007 through June 30, 2008, at a rate of $1,800 per month, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Parks/Bishop Waste North County Hauling Service

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Agreement between the County of Inyo and Bishop Waste Disposal for waste disposal hauling services in County parks and campgrounds located north of Independence, for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $11,424, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Parks/Bishop Waste South County Hauling Service

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Bishop Waste Disposal for waste disposal hauling services at County parks and campgrounds located in the South County area, for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $11,786.32, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Integ. Waste/ Household Hazardous Waste Removal Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve a Contract between the County of Inyo and 21 st Century Emi of Nevada located in Benicia, California for the removal of stored household hazardous waste from the Inyo County Waste Management collection facilities in an amount not to exceed $19,833; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Integ. Waste/ Minshew Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to declare Minshew Engineering a sole source provider of Waste Management Technical and Consulting Services and approve the Agreement between the County of Inyo and Minshew Engineering for Integrated Waste Management consultant services for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $192,900, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Integ. Waste./ Bishop Waste Olancha/Keeler Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Bishop Waste Disposal for solid waste hauling services from the Olancha and Keeler Transfer Stations to the Lone Pine Landfill for the period of July 1, 2007 through June 30, 2008 in an amount not to exceed $31,379.92, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Integ. Waste/ Bishop Waste Big Pine Transfer Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Bishop Waste Disposal for solid waste hauling services from the Big Pine Transfer Station to the Bishop Sunland landfill for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $19,476.60, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Forest Service/ Anchor Point Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and Anchor Point Group, LLC for the preparation of the Inyo County Community Wildfire Protection Plan, extending the Contract ending date from June 30, 2007 to December 31, 2007, and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Cervantes absent.

Emergency Serv./ Matell InfoGraphics Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and Matell InfoGraphics for the provisions of preparing the Operational Area Emergency Operations Plan (EOP), Emergency Field Guide and the City of Bishop EOP, extending the Contract ending date from June 30, 2007 to September 30, 2007, and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Hlth. Serv./ Dr. Leja Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Catherine Leja, M.D. for physician services for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $18,000, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Misc./Grove Street Office Lease

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Lease Agreement between the County of Inyo and Connie and Michael Layne Trust for the property at 162 Grove Street in Bishop for the period of July 1, 2007 through June 30, 2008, at the rate of $5,600 per month, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Soc. Serv./ Trailer and Cots P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to ratify the purchase of two storage trailers from American Loan Masters as the lowest bidder at $11,018 and 400 cots from Precise Kits, as the low bidder at $15,600. Motion carried unanimously, with Supervisor Cervantes absent

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HHS-Hlth. Serv./ Immunization Outreach Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract and the Contractor Certification Clauses (CCC) between the County of Inyo and the State of California for the provision of Immunization Outreach for the period of July 1, 2007 through June 30, 2008, in the amount of $25,595, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Planning-Yucca Mt./Hydrodynamics Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to declare Hydrodynamics Group, LLC, a sole source provider of Yucca Mountain Oversight services and approve the Contract between the County of Inyo and Hydrodynamics Group, LLC, for oversight services for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $250,000 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, with Supervisor Cervantes absent.

P.W./LPG Turner Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to award and approve the Contract for liquefied propane gas (LPG) for County facilities located in Bishop, Big Pine, Independence, and Lone Pine to Turner Propane for the period of July 1, 2007 through June 30, 2010, contingent upon the Board’s adoption of a FY 2007-08 budget and future budgets; authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and direct that payments be made from the various County departments that use LPG for heating. Motion carried unanimously, with Supervisor Cervantes absent.

P.W.-Probation-Child Support/ Bishop Plaza Maudsley Lease

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the facility Sub-Lease Agreements between the County of Inyo and Maudsley Enterprises for offices located at 787 North Main Street, Bldg. B, in Bishop, for the period of July 1, 2007 through June 30, 2008, to (a) accommodate Child Support Services at the rate of $4,885 per month and (b) the Probation Department at the rate of $5,090 per month, 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, with Supervisor Cervantes absent.

Rd. Dept./Fed. Apportionment Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the 2006-07 Federal Apportionment Exchange Program and State Match Program Agreement with the State of California Department of Transportation in the amount of $673,353 plus a State match of $100,000 for the total of $773,353; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Rd. Dept./Road Closure

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the closure of North Lone Pine Avenue to East Whitney Portal Road in the community of Lone Pine from 3:00 p.m., June 23, 2007 to 12:01 a.m., June 24, 2007, for a family gathering. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-First Five Workshop

The Chairperson recessed open session at 9:10 a.m., to convene in a workshop with all Board Members present, except Supervisor Cervantes, to receive information and talk w ith representatives of the Health and Human Services Department on the Inyo County First Five Commission. The Chairperson recessed the workshop at 9:45 a.m.

Water/IRWMP Workshop

The Chairperson reconvened in a workshop with all Board Members present, except Supervisor Cervantes, except Supervisor Cervantes, at 10:00 a.m., to receive a presentation from Mr. Tom Brooks, Inyo County Water Director on the Integrated Regional Water Management Plan (IRWMP) process and the applicability to the current conditions in the Owens Valley. The Chairperson recessed the workshop at 10:40 a.m., to reconvene in open session with all Board Members present.

Water Department/ Standing Comm. Agenda

Mr. Tom Brooks, Water Director, reviewed the Staff recommendations regarding the Agenda for the upcoming July 9, 2007 Standing Committee Meeting. The Board concurred with Staff’s recommendations. With regard to a query from the Water Director regarding the placement of the Integrated Regional Water Management Plan on the Agenda, the Board said that it was too early and said they wanted more information and discussion on the IRWMP process before moving this forward.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:55 a.m., to reconvene in open session at 11:00 a.m., with all Board Members present, except Supervisor Cervantes.

Resol. #2007-26/ Opposing Wilderness Act of 2007

The Board discussed the draft resolution opposing legislation, which expands wilderness in Inyo County and the Inyo National Forest. Supervisor Arcularius in addressing the issue of commonality, provided wording for the inclusion of a “whereas” clause to identify the need for a semi-primitive land designation in order to provide for an equal playing field when dealing with multiple use and wilderness designations.

Supervisor Cash recognized that previous Boards endeavored to have the County’s concerns that local government’s issues be addressed when wilderness designations are being considered without much luck. She qualified that while she did not support the current wilderness legislation, she was not supportive of an all-inclusive opposition to wilderness designations. She said she believes that any wilderness designation must meet the 1964 Wilderness Act’s definition of wilderness; that she would like to see the resolution clarify the protection of “historic” uses of public lands, and eliminate the word “any” after the word “oppose” in the first “Be it further resolved” paragraph.

Supervisor Brown noted for the record that she had received a call from Mr. James Wilson of Bishop who was opposing the resolution because he felt it was anti-business. Supervisor Brown said she explained that she disagreed with his assessment and that it was subjective as to which local businesses would benefit from additional closures of public lands in favor of wilderness designations. Supervisor Brown also clarified that she felt many of the areas being designated in this legislation are naturally protected because of their locations. She said she was not in favor of blanket expansive wilderness designations, explaining that specific areas could be addressed on an individual basis.

Mr. Joe Andrews, Independence Resident, supported the resolution. Mr. Paul McFarland, Executive Director of the Friends of the Inyo's opposed the resolution. Mr. Jon Patzer, Bishop Resident, Mr. Greg Weireck, representing 4-wheel drive clubs, and Mr. David Mattovich of APPL, also supported the resolution, with Mr. Darren Malloy, Bishop Resident and a representative of the Friends of the Inyo’s, questioning the validity of certain statements made in the resolution. In response to a question by Mr. Malloy regarding the closure of actual roads, Supervisor Arcularius relayed a story of her grandfather being denied access to his mining claim because a natural occurrence had damaged the road thus making it inaccessible, and her grandfather was not allowed to repair the road because it had been closed. Mr. Joe Andrews also sited the example of Side Hill Springs Road, which was a historic road in the Saline Valley area, which was closed because of the Desert Protection Act. Supervisor Bilyeu was emphatic about his opposition to further wilderness designations in Inyo County because the wilderness groups refuse any form of compromise, concurring with the resolution that Inyo County already has sufficient wilderness designations and a blanket 550,000 acre increase is economically disastrous.

The Board continued to wordsmith the language contained in the resolution, discussing the need for a semi-primitive land designation before further wilderness designations are made. The Chairperson recessed open session at 11:50 a.m., with a request that the Clerk of the Board make the Board’s suggested changes of adding a whereas clause adding semi-primitive land designation and clarifying opposition to legislation which denies the public access and historic use of public lands. The Chairperson reconvened in open session at 12:00 p.m., with all Board Members present, except Supervisor Cervantes. The County Administrator provided the Board with copies of the amended resolution noting the addition of the last whereas clause “Whereas, the Inyo County Board of Supervisors is supportive of the creation, through Congressional action, of a Semi-Primitive Land Designation to provide equal Federal protection for uses consistent with the Semi-Primitive Land Designation criteria and multiple use of public lands” and the change in the first “Be it further resolved” paragraph which deleted the word “any,” changed “thus” to “that” and adds the word “historic” in front of use of its public lands.”

Moved by Supervisor Brown and seconded by Supervisor Cash, to A) approve Resolution No. 2007-26 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California Opposing Legislation Expanding the Wilderness System on the Inyo National Forest,” as revised; B) direct Staff to transmit the resolution to the County’s Federal and State Legislative Representatives, the City of Bishop, the Inyo-Mono Fish and Game Advisory Commission, RCRC, CSAC and NaCO; and C) amend the County Legislative Platform to include “oppose legislation expanding wilderness designations in Inyo County.” Motion carried unanimously, with Supervisor Cervantes absent.

BofS/Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the minutes of the May 29, 2007 Special Meeting of the Board of Supervisors. Motion carried unanimously, with Supervisor Cash abstaining and with Supervisor Cervantes absent.

Moved by Supervisor Cash and seconded by Supervisor Brown to approve the minutes of the June 5, 2007 Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Cervantes absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including various constituent meetings, a CSAC Board of Directors Meetings, the California State Rodeo Finals, the ESCOG and ESTA Meeting, an upcoming Stewardship Council Meeting and RCRC Board of Directors Meeting, legislative updates, the Owens Valley School Graduation, the Laws Railroad Museum BBQ, the Independence Fish Derby and an announcement that the Memorial Marker has been installed at Dehy Park.

Closed Session

The Chairperson recessed open session at 12:20 p.m., to convene in closed session, with all Board Members present, except Supervisor Cervantes, to discuss Agenda Items No. 26. 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. 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 2:05 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 2:05 p.m., to 9:00 a.m., Tuesday, June 26, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.