County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Chris Langley, Film Commissioner, updated the Board on the Film Commissioner’s activities to promote Inyo County to the film industry.

County Dept. Reports

The Chairperson announced the County Department Report Period. Mr. Pat Cecil, Planning Director, updated the Board on the WEMO Plan and his recent Washington D.C. trip regarding Yucca Mountain. Ms. Amy Shepherd, Administrative Analyst in the Auditor’s Office, notified the Board that the Department received an award from the State Controller’s office and accepted congratulatory remarks from the individual Board Members. Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on Healthcare Reform efforts and identified areas of concern for the County. Mr. George Milovich, Agricultural Commissioner, informed the Board of Mono County efforts to adopt a resolution regarding the Bighorn Sheep critical habitat designation. The Board requested that a resolution from Inyo County regarding this issue be agendized for next week’s meeting.

CAO-Econ. Dev./ Langley Film Commissioner Contract

The Deputy County Administrator, Mr. Kevin Carunchio, briefly reviewed the request for approval of the contract for Film Commissioner services, noting the extensive Scope of Work and relaying that the items identified in the Scope of Work are actually delineating those duties already performed by Mr. Langley. Moved by Supervisor Cash and seconded by Supervisor Arcularius to ratify and approve the Agreement between the County of Inyo and Chris Langley for Film Commissioner services in an amount not to exceed $50,250; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Cervantes absent.

BofS/Support Letter for Bishop SRTS Projects

Moved by Supervisor Brown and seconded by Supervisor Cash to approve a letter to Mr. David Grah, City of Bishop Public Works Director, supporting Safe Routes to Schools (SRTS) funding for the Grove Street Sidewalk and Fowler Street Sidewalk projects and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Parks/Weedcutter Boat P.O.

Moved by Supervisor Brown and seconded by Supervisor Cash to (A) declare Hockney Underwater Weedcutters, Inc., of Delavan, Wisconsin a sole-source provider of Lake Tule weedcutter boats; and (B) authorize the purchase of one Lake Tule weedcutter boat for use at Diaz Lake and Millpond Recreation area, from Hockney Underwater Weedcutters, Inc., in an amount not to exceed $21,982.75 and authorize a 50% deposit of $10,321 to be paid at the time the purchase order is issued, contingent upon the Board’s adoption of future budgets. Motion carried unanimously, with Supervisor Cervantes absent.

Library/Holiday Schedule

Moved by Supervisor Brown and seconded by Supervisor Cash to authorize all library branches be closed on the following Saturdays because of 3-day holiday weekends in 2008 and including November 24, 2007: February 16, May 24 th, July 5 th, August 30 th and November 29 th. Motion carried unanimously, with Supervisor Cervantes absent.

Ag. Comm./ Resource Bd. Appt.

Moved by Supervisor Brown and seconded by Supervisor Cash to reappoint Mr. Howard Arcularius, to serve on the Inyo County Agricultural Resource Advisory Board, representing the Chair of the Resource Conservation District category to serve for one-year. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Hlth. Serv./ Health Officer Contract

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Richard Johnson, MD, MPH for Health Officer services for the period of November 1, 2007 through June 30, 2012, in an amount not to exceed $490,234.08, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Hlth. Serv./ Public Health Preparedness Contract

Moved by Supervisor Brown and seconded by Supervisor Cash to approve (a) and ratify the Agreement between the County of Inyo and the California Department of Public Health for the provision of local public health emergency preparedness for the period of August 31, 2007 through August 9, 2008, in an amount not to exceed $33,816, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign; and (b) the Non-Supplantation Certification Form and the Certification Regarding Lobbying; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Hlth. Serv./ Dwayne’s Pharmacy Contract

Moved by Supervisor Brown and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and Dwayne’s Friendly Pharmacy for provision of pharmaceutical services, increasing the amount $15,000 per year for a contract increase of $90,000 to an amount not to exceed $420,000; for the period of August 1, 2005 through June 30, 2010, and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-HIV/AIDS Drug Assistance Program

Moved by Supervisor Brown and seconded by Supervisor Cash to ratify and approve the Agreement between the County of Inyo and the California Department of Public Health AIDS Drug Assistance Program, Office of AIDS for administration services for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $1,000; and authorize the Director of Health and Human Services to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-IHSS/ Advisory Board Appointments

Moved by Supervisor Brown and seconded by Supervisor Cash to appoint the following to the Inyo Home Supportive Services Advisory Board to serve at the pleasure of the Board: Ms. Susan Schwartz representing the provider category; Mr. Rick Franz and Ms. Gloria (Judy) Swain representing the recipient category; and Ms. Marilyn Mann representing the County of Inyo. Motion carried unanimously, with Supervisor Cervantes absent.

Planning-Yucca Mt./Plans & Specs.

D.V. Aquifer Pgrm

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Plans and Specifications for the drilling of deep and shallow monitoring wells for the Death Valley Lower Carbonate Aquifer Monitoring Program and authorize the Department to advertise for bids for the project. Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Plans & Specs. L.P. Landfill Fencing Project

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Plans and Specifications for the Lone Pine Landfill Fencing Project; and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously, with Supervisor Cervantes absent.

Resol. #2007-50/ Bishop Sr. Center Painting Project

On a motion by Supervisor Brown and a second by Supervisor Cash, Resolution No. 2007-50 was approved accepting the improvements and authorizing the recording of a Notice of Completion for the Bishop Senior Center Painting Project: motion unanimously passed and adopted, with Supervisors Arcularius, Cash, Brown and Bilyeu voting yes, and with Supervisor Cervantes absent.

P.W./Round Valley Road Closure

Moved by Supervisor Brown and seconded by Supervisor Cash to authorize the closure of portions of North and South Round Valley Road on November 17, 2007 between the hours of 8:00 a.m., and 12:00 p.m., for the Pine Creek Lions Club STRIDES walk/run event to promote diabetes awareness. Motion carried unanimously, with Supervisor Cervantes absent.

BofS/STRIDES Diabetes Awareness Proclamation

First District Supervisor, Linda Arcularius, supported the Lions Club Walk for Diabetes Awareness and encouraged everyone to come and participate in this worthwhile event. Moved by Supervisor Brown and seconded by Supervisor Cash to approve the proclamation declaring November 17, 2007 as ”STRIDES: Lions Walk for Diabetes Awareness Day.” Motion carried unanimously, with Supervisor Cervantes absent.

Planning/Joint Land Use Study Inventory Matrix

With regard to the Joint Land Use Study Inventory Matrix, Ms. Tanda Gretz, Senior Planner, responded to questions from the Board. She explained that by approving the Matrix the Board was not approving the WEMO Plan, which is still a draft. Moved by Supervisor Cash and seconded by Supervisor Brown to approve the letter approving the Draft R2508 Joint Land Use Study Action Items Inventory Matrix and authorize the Chairperson to sign.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 9:50 a.m., to reconvene in a workshop at 10:00 a.m., with all Board Members present, except Supervisor Cervantes.

Planning-Yucca Mt./Workshop Impact Assessment

The Board convened in a workshop to receive a report from Yucca Mountain Project Coordinator, Matt Gaffney, on the draft Comprehensive Impact Assessment and to review legal options for participation in the U.S. Nuclear Regulatory Commission licensing hearings. The Chairperson recessed the workshop at 10:45 a.m. to reconvene in open session, with all Board Members present except Supervisor Cervantes.

Ordinance 1131/ Coroner Salary Increase

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Ordinance 1131, 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 an increase in the Salary of the Coroner,” was approved: motion unanimously passed and adopted, with Supervisors Arcularius, Cash, Brown and Bilyeu voting yes and with Supervisor Cervantes absent.

CAO-Econ. Dev./ Tourism Marketing Services RFP

The Deputy County Administrator, Mr. Kevin Carunchio, reviewed the Request for Proposals (RFP) for the Tourism Marketing Services. He explained in detail the evaluation and selection process, and how the double blind evaluation procedures would be followed to insure neutrality in the award process. Ms. Tawni Thompson, Bishop Chamber of Commerce, supported the process and noted that she was looking forward to responding to the RFP. The Board Members noted a few minor word changes as follows: page 2, first paragraph change the word alternative to opportunity, and page 2, third paragraph change Wheeler Crest to Wheeler Ridge. Additionally, Mr. Carunchio and the Board discussed alternatives for determining the Board’s scoring in the double blind evaluation process. Mr. Wilfred Nabahe commented on his thoughts regarding the Board’s score average process.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 11:05 a.m., to reconvene in a workshop at 11:20 a.m., with all Board Members present except Supervisor Cervantes.

P.W./Workshop Town Water Systems

The Board convened in a workshop with the Director of Public Works to discuss the operations and maintenance of the Town Water Systems. The Chairperson recessed the workshop at 1:05 p.m., to reconvene in open session, with all Board Members present, except Supervisor Cervantes.

Sheriff/In-Car Digital Video Cameras P.O.

Moved by Supervisor Brown and seconded by Supervisor Arcularius to A) declare Digital-Alley as a sole-source provider for In-Car Digital Video Camera’s and accessories; B) approve the purchase of five In-Car Digital Video Camera’s and accessories from Digital-Alley in an amount not to exceed $24,400; and C) amend the FY 2007-08 Sheriff’s General Budget Unit 022700 by increasing estimated revenue in Citizens Option Public Safety (COPS) Revenue (Revenue Code #4488) by $24,400 and increasing appropriations in Other Equipment>$5,000 (Object Code #5670) by $24,400. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Behavioral Hlth/Wellness Center Lease

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the renewal of the Lease Agreement with the Nor Group LLC for the rental of the real property described as 587 Third St., Bishop, California (the Wellness Center site) at the rate of $1,000 per month for the period of November 7, 2007 through November 6, 2008, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Misc./Social Worker IV-Psychotherapist Career Ladder

Moved by Supervisor Cash and seconded by Supervisor Brown to A) approve the modification to the job description for Social Worker IV to include the requirement to be a registered intern for specific psychotherapy licenses; and B) approve the career ladder within the Health and Human Services Department as follows: Social Worker IV – Range 69 ($3,771 - $4,576) and Psychotherapist – Range 78 ($4,663 - $5,668). Motion carried unanimously, with Supervisor Cervantes absent.

Clerk-Elections/ Election Software

Moved by Supervisor Cash and seconded by Supervisor Brown to A) declare Sequoia Voting System a sole-source provider of election related services, support and software; and B) approve the Contract between the County of Inyo and Sequoia Voting Systems for the provision of election related services, support and software for Inyo County’s voting system, in an amount not to exceed $20,000; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Clerk-Elections/ Optical Scan Tabulators

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) declare Sequoia Voting Systems, Inc., as a sole-source provider of the Optech Insight Optical Scan Tabulators; B) approve the purchase of three Optech Insight Optical Scan Tabulators and two extra Memory Paks from Sequoia Voting Systems in an amount not to exceed $20,300; and C) amend the FY 2007-08 Elections Budget Unit 011000 by increasing appropriations in Fixed Assets (Object Code #5669) by $20,300 and reducing Elections Expense (Object Code #5316) by $20,300. Motion carried unanimously, with Supervisor Cervantes absent.

Ag. Commissioner/ SNC Grant App.

With regard to the application for the Sierra Nevada Conservancy Grant, Supervisor Arcularius questioned the designation of the LORP as “wild and scenic” explaining that the designation is a federal designation, which has not been afforded to the LORP. The Board discussed possible alternatives for the language and eventually requested that the phrase be changed to “restored” throughout the application. The Board and Staff discussed the submittal deadlines for the “competitive grants” and the “SOGs” which are differentiated by the amounts being requested. Moved by Supervisor Brown and seconded by Supervisor Arcularius to authorize the submittal of a grant application to the Sierra Nevada Conservancy for the Eastern Sierra Weed Management Area in the amount of $156,622.15 as amended to replace the verbiage “wild and scenic” with “restored”. Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Plans and Specs for Indy Reservoir

Mr. Ron Chegwidden, Public Works Director, provided a brief update on the status of the replacement project for the Independence Reservoir. Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Plans and Specifications for the Independence Reservoir Replacement Project and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Brown to rescind an amendment of the FY 2007-08 Congestion Relief Budget Unit 034602 which increased the appropriations in Professional and Special Services (Object Code #5265) by $130,000; B) amend the FY 2007-08 Road Budget Unit 034600 by increasing appropriations in Operating Transfers Out (Object Code #5801) by $130,000 from available fund balance; and C) amend the FY 2007-08 State Funded Road Projects Budget Unit 034601 by increasing revenue in Operating transfers In (Revenue Code #4998) by $130,000; and increasing appropriations in the Pleasant Valley Dam Road Project (Object Code #5727) by $130,000. Motion carried unanimously, with Supervisor Cervantes absent.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 3:30 p.m., to reconvene in open session at 3:40 p.m., with all Board Members present, except Supervisor Cervantes.

County Counsel/ Jones and Mayer Contracts

Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) approval of the Legal Services Agreement with the Law Firm of Jones & Mayer to represent Sheriff William Lutze in the Coleman & Plata cases; and authorize the Sheriff to sign the Agreement; and B) approval of the Legal Services Agreement with the Law Firm of Jones & Mayer to represent Chief Probation Officer Jim Moffett in the Coleman & Plata cases; and authorize the Chairperson to sign the Agreement. Motion carried unanimously, with Supervisor Cervantes absent.

CAO-Personnel/K. Carunchio CAO Contract

The Board noted their pleasure in having the opportunity to offer this position to an existing County employee who was so well qualified. Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Kevin D. Carunchio for the provision of personal services as the County Administrator at a monthly salary of $11,000, effective December 16, 2007; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

BofS/Minute Approval

Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve the minutes of the October 9, 2007 Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Cash abstaining and Supervisor Cervantes absent.

With regard to the October 16, 2007 minutes, Supervisor Cash asked that the apostrophe in “citizen’s” on the first page, second paragraph, last sentence, be omitted. Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the October 16, 2007 Board of Supervisors Meeting as corrected. Motion carried unanimously, with Supervisor Cervantes absent.

Water Dept./ Direction to Standing Comm.

Mr. Tom Brooks presented and briefly reviewed the items contained in the draft agenda for the November 19, 2007 Standing Committee Meeting. Supervisor Arcularius noted that two new Water Commissioners were being appointed today by the City of Los Angeles, and suggested that since this meeting is informational, that the County offer to have the meeting postponed in order to allow the new Commissioner’s to be brought up to speed. The Board concurred and requested that Mr. Brooks relay the Board’s offer and notify them if the meeting is rescheduled.

Closed Session

The Chairperson recessed open session at 4:05 p.m., to convene in closed session, with all Board Members present, except Supervisor Cervantes to discuss and take action as required on closed session Items No. 35. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Sierra Club v. City of Los Angeles Department of Water and Power, Inyo County Superior Court Case No. CVPT-05-347969 (III); No. 36. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Thomas Mille v. County of Inyo, Inyo County Superior Court Case No. SICV CV 07-44568; No. 37. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Jack Porter v. State of California, Inyo County Superior Court Case No. SICV CV 07-44609; and No. 38. CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION (Pursuant to Government Code §54956.9(a) – Conference with Legal Counsel (Existing Litigation) – C. Mullen v. County of Inyo , WCAB SBR032672; SBR0326370; SBR0326358

Report on Closed Session

The Chairperson recessed closed session at 5:25 p.m., to reconvene in open session to receive a report on closed session. County Counsel reported that with regard to Item No. 36. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Thomas Mille v. County of Inyo, Inyo County Superior Court Case No. SICV CV 07-44568, which is an action against the County brought by a former inmate of the Inyo County Jail, who alleges that he was injured while in the Jail and did not receive proper medical care, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Brown and Bilyeu voting yes, and with Supervisor Cervantes absent, directed the office of County Counsel to defend the County in the matter; and with regard to Item No. 37. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Jack Porter v. State of California, Inyo County Superior Court Case No. SICV CV 07-44609, which is an action arising out of a motor vehicle accident on U.S. Highway 395 in which the plaintiff was injured, the Board in a unanimous vote, with Supervisor Arcularius, Cash, Brown and Bilyeu voting yes, and with Supervisor Cervantes absent, authorized the office of County Counsel to defend the County in the matter.

Adjournment

The Chairperson adjourned the meeting in memory of Cpl. Wayne Geiger who was the son of County Employees Lt. Randy Geiger and Civil Officer Kim Geiger, and was killed in the line of duty in Iraq. The Chairperson adjourned the meeting at 5:30 p.m., to 9:00 a.m., November 13, 2007, in the Board of Supervisors Room, at the County Administrative Center in Independence.