County of Inyo

Board of Supervisors

Public Comment

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

County Department Reports

The Chairperson announced the County Department Report period. Mr. Pat Cecil, Planning Director, reported on the WEMO Habitat Plan process. Ms. Jean Dickinson, Director of Health and Human Services, reported on the California Welfare Directors Legislative Conference. Mr. Jon Klusmire, Museum Director, updated the Board on Museum activities.

P.W./Parcel Map 385

Moved by Supervisor Brown and seconded by Supervisor Cash to approve Parcel Map No. 385 and acceptance of the Offer of Dedication for the right of way for Rose Lane as shown on the map. Motion carried unanimously.

P.W./RMT Contract Phase II of Dehy Park Improvement

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Contract between the County of Inyo and RMT, Inc., for the continued provision of environmental services for Phase II of the Dehy Park Improvement Project, in the amount of $108,000 for the period of December 18, 2007, through December 31, 2009, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Rd. Dept./Asphalt Purchase Rescinded

Moved by Supervisor Cervantes and seconded by Supervisor Cash to rescind the October 16, 2007 Board Order awarding the contract for provision of liquid asphalt products to Western Emulsions, Inc. in an amount not to exceed $358,544.50. Motion carried unanimously.

Rd. Dept./Emulsion Purchase for Testing

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the purchase of 25 tons of PASS emulsion from Western Emulsions, Inc., in an amount not to exceed $18,769.72 to be from Road Budget Unit 034600, Road Materials (Object Code #5309). Motion carried unanimously.

CAO-Personnel/ ICPPOA MOU

The County Administrator, Mr. Kevin Carunchio, notified the Board of a couple of minor clerical changes, which were made to the ICPPOA MOU and requested the Board approve the document as amended. Moved by Supervisor Brown and seconded by Supervisor Cash to approve the December 18, 2007 through June 30, 2011, Comprehensive Memorandum of Understanding between the County of Inyo and the Inyo County Probation Peace Officer Association (ICPPOA);, as amended; and authorize the Chairperson to sign. Motion carried unanimously.

P.W./Indy Reservoir Replacement Contract

Mr. Ron Chegwidden, Public Works Director, presented the Board with Staff’s recommendation for the replacement of the Independence Reservoir. He noted that the award of the Contract for the project was contingent upon receipt of the insurance settlement in the amount of the low bid. He also explained that the Kevcon bid was being recommended as non-responsive because the bid did not contain a proper bid bond. Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to award the bid for the Independence Reservoir Replacement Project to RDC, Inc., in the amount of $1,057,560; approve the Contract between the County of Inyo and RDC, Inc. for the project in that amount, contingent upon the receipt of an insurance settlement in that amount; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and authorize the Public Works director to execute all other contract documents including contract changes orders to the extent permitted by Public Contract Code § 20142, and other applicable law. Motion carried unanimously.

Planning-Yucca Mt./ Annual Certification of Funds

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to approve and authorize the submittal of the Certification of Expenditure of Funds certifying that funds provided to Inyo County as an Affected Unit of Local Government (AULG) under the Nuclear Waste Policy Act, as amended, have been expended in accordance with provisions of that Act and the Energy and Water Development Appropriations Bill of 2007; and authorize the Chairperson to sign. Motion carried unanimously.

Planning-Yucca Mt./ Geoscience Consultants Contract

Moved by Supervisor Cervantes and seconded by Supervisor Brown to A) declare Geoscience Consultants a sole-source provider of volcanic hazard studies services; and B) approve a contract between the County of Inyo and Geoscience Consultants for volcanic hazard studies in Death Valley National Park, for the period of January 1, 2008 through January 1, 2009 in an amount not to exceed $33,500, contingent upon the Board’s adoption of future budgets and continued funding of the Inyo County Yucca Mountain Repository Assessment Office; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Planning-Yucca Mt./ SEIS and Rail/ Corrider EIS

Mr. Matt Gaffney, Yucca Mountain, provided and reviewed recommended revisions to draft comment letter. Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve the letter providing comment regarding the U.S. Department of Energy’s Draft Repository Supplemental Environmental Impact Statement and Draft Nevada Rail/Corridor Alignment Environmental Impact Statement as amended; and authorize the Chairperson to sign. Motion carried unanimously.

Water Dept./Salt Cedar WCB Grant Budget Amendment

The Board Members questioned why this amendment was not covering LADWP’s matching portion of this grant. The Board directed Staff to bring the item, requesting to amend the FY 2007-08 WCB Budget Unit 621700 by increasing estimated revenue and appropriations as recommended by Staff by $200,000; and authorizing the hiring of five additional seasonal staff to assist in saltcedar eradication during the 2007-08 season, back with the information regarding the County’s commitment for the WCB Grant, including LADWP’s portion of the joint proposal.

Parks/Lone Pine Park Renovation

The Deputy County Administrator, Mr. Chuck Hamilton, reviewed the recommendations for the renovation of the Lone Pine Park. He explained that a part of the recommendation is expanding the project by converting the old little league field located at the north of the Park to trees and grass. He and the Board discussed the Staff proposal to use $265,663 of Prop 40 funds for the project. The Board expressed concerns with depleting the Prop 40 money, since the Board has already prioritized the funds to be used for Tecopa Sewer Pond repairs. The Board noted that the Tecopa repair is being mandated by the State and it was estimated at over $700,000 several years ago.

Supervisor Cervantes advocated for utilizing the Prop 40 money for the Lone Pine Park project, noting that the Board could address the funds for the Tecopa Sewer Pond clean up in the future. The other Board Members explained that while they support the Lone Pine Park Project, they were unwilling to redirect Prop 40 funds for the Lone Pine Park Project because it would leave the Sewer Pond clean-up project under-funded, thus putting the General Fund in jeopardy of having to pay for the clean up of the Sewer Ponds. Supervisor Arcularius, suggested that the portion of the renovation that uses existing funds in the Park’s budget be approved and the remainder of the project be put on hold until it is determined how much is needed for the Tecopa Sewer Pond project.

Supervisor Cervantes continued to support the completion of the Lone Park as recommended by Staff. The other Board Members continued to support the project at a reduced scope-of-work, until the Tecopa Sewer Pond project is addressed. Supervisor Arcularius noted that part of the funds recommended for the completion of the decorative lighting and the tennis/basketball courts at the Lone Pine Park, were earmarked for a Millpond upgrade. It was moved by Supervisor Cervantes with no second to A) authorize the use of Proposition 40 funding to complete the planned renovation of the Lone Pine Park pursuant to revised construction cost estimates and B) amend the FY 2007-08 Lone Pine Park Project Budget Unit 670102 as follows: increase estimated revenue in State Grants (Revenue Code #4498) by $265,663; and decrease estimated revenue in County Contributions (Revenue Code #4562) by $12,100; decrease appropriations in Professional Services (Object Code #5265) by $80,000 and increase appropriations in Site Improvements (Object Code #5645) by $333,563. The motion failed on a roll call vote, with Supervisor Cervantes voting yes and with Supervisors Arcularius, Cash, Brown and Bilyeu voting no.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the completion of the decorative lighting and tennis/basketball courts at the Lone Pine Park utilizing existing funding within the Parks budget and to address the remainder of the project after more is known about the costs for the Tecopa Sewer Pond project. Motion carried on a four-to-one vote with Supervisors Arcularius, Cash, Brown and Bilyeu voting yes and with Supervisor Cervantes voting no.

Museum/Authorized Strength Change

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) approve a change in authorized strength by deleting one BPAR Account Clerk position at Range PT-843 ($12.61 - $15.34 per hour) and adding one BPAR Museum Assistant position at Range PT-844 ($12.90 - $15.71 per hour); and B) authorize the filling of the new BPAR Museum Assistant position. Motion carried unanimously.

CAO-Econ. Dev./ 2008 Cal Expo Exhibit

Moved by Supervisor Cash and seconded by Supervisor Brown to A) declare the Independence Chamber of Commerce as a sole source contractor for the purpose of designing, constructing, staffing and removing the Inyo County Exhibit at the 2008 California State Fair; B) approve a Contract between the County of Inyo and the Independence Chamber of Commerce to design, construct, staff, and remove the Inyo County Exhibit at the 2008 California State Fair, in an amount not exceed $10,000, and authorize the County Administrator to sign, contingent upon appropriate signatures being obtained; and C) authorize the County Administrator to sign any documents related to designating the Independence Chamber of Commerce as the County’s contractor for coordinating the Inyo County Exhibit at the 2008 California State Fair. Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the November 27, 2007, Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Brown abstaining.

Moved by Supervisor Cash and seconded by Supervisor Brown to approve the minutes of the Board of Supervisors Meetings of December 4, 2007, and December 11, 2007. Motion carried unanimously.

Board Members & Staff Reports

The Board Members reported on their activities during the preceding week, including various constituent meetings, an ESCOG Meeting, an Inyo First Five meeting, various holiday events, and an RCRC Board Meeting, including an update on the State Budget. The County Administrator notified the Board that the sale of the Coso Operations has been finalized and while the name of the Company has been changed, it will still be referred to as Coso Operations. The CAO notified the Board that it appears the Governor is going to declare a fiscal emergency in the State of California after the first of the year and in early preparation for the announcement and the impact the emergency will have on local services, he will be developing strategies for the Board to consider, which may include a hard hiring freeze and other cost reducing measures. The Assistant Clerk of the Board updated the Board OES funding for the Inyo Complex Fire.

Closed Session

The Chairperson recessed open session at 11:25 a.m, to convene in closed session, with all Board Members present to discuss and take action as required on Agenda Items No. 17. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 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; No. 18. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 230 West Line Street, Bishop, CA; Negotiating Parties – Jerry Core, County Administrator and Director of Public Works; Negotiations – Terms and conditions of Potential Lease; No. 19. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property –2957 Birch Street, Bishop, CA; Negotiating Parties –Southern Mono Healthcare District, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 20. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property –174 South Main Street, Bishop, CA; Negotiating Parties –RJG Investments, LLC/Vons Company’s Inc., #2402, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 21. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property –1180 North Main Street, Bishop, CA; Negotiating Parties – Escondido Trust, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 22. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property –908 and 910 North Main Street, Bishop, CA; Negotiating Parties – RA2 Bishop LLC, Lessor, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 23. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 301 West Line Street, Bishop, CA; Negotiating Parties – City of Bishop, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 24. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 568 West Line Street, Bishop, CA; Negotiating Parties – Tim & Allison Fillmore, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 25. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 787 North Main Street, Bishop, CA; Negotiating Parties – Maudsley Enterprises, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 26. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 163 May Street, Bishop, CA; Negotiating Parties – Harry & Brenda Wilson, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 27. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – 162 East Line Street, Bishop, CA; Negotiating Parties – KPL Ventures LLC, County Administrator and Director of Public Works; Negotiations – Terms and Conditions of Potential Lease; No. 28. REAL PROPERTY NEGOTIATIONS (Conference with Real Property Negotiators Pursuant to Government Code § 54956.8) – Property – APN 10490-08-00 and APN 10490-08-2 – Negotiating Parties – Joseph Enterprises, County Administrator and Director of Public Works – Negotiations – Terms and Conditions of Potential Lease; and No. 29. PERSONNEL (Pursuant to Government Code §54957) – Public Employee Performance Evaluation– Title - Acting Director Water Department. The Chairperson recessed closed session at 1:30 p.m., to reconvene at 2:30 p.m., with all Board Members present, to continue closed session discussions.

Report on Closed Session

The Chairperson recessed closed session at 2:50 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 2:50 p.m., to 9:00 a.m., Tuesday, January 6, 2008, in the Board of Supervisors Room, at the County Administrative Center, in Independence.