County of Inyo

Board of Supervisors

The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:00 a.m., on Tuesday, April 25 , 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, Jim Bilyeu, and Richard Cervantes.   Supervisor Cervantes provided the Invocation, and Supervisor Bilyeu led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.   Mr. Kent Andersen, representing the Housing Task Force Action Committee, updated the Board on the Committee’s activities and to thank the Board for their support and for allowing the Committee to utilize Planning Staff.

County Dept. Reports

The Chairperson announced the County Department Report period.   Ms. Leslie Chapman, Auditor-Controller, informed the Board that the County had received $85,000 in Geothermal Royalties, which was just slightly less than that budgeted.   Supervisor Richard Cervantes informed the Board that he would be meeting with representatives of Deep Rose, a new geothermal operation proposed for the County in the near future.   Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on a realignment workshop she and the Auditor-Controller had attended.   Mr. Kevin Carunchio, Deputy County Administrator, announced that the County had been awarded $15,000 from the Gates Foundation to replace the public access computers in the libraries.   He also informed the Board that the computers being replaced would be evaluated for use in the library automation project.   The County Administrator, Mr. Ron Juliff, announced that the May 2, 2006, Board of Supervisors Meeting was cancelled due to travel schedules of two Board Members, who would be in Washington, D.C.  

Introduction

The Auditor-Controller, Ms. Leslie Chapman, introduced Ms. Betty Biros and Ms. Vicki Herleman, employees in the Auditor’s Office, to the Board.

Forest Serv./ Update on Route Designation

Ms. Margaret Wood of the Forest Service updated the Board on the route designation process including all roads and motorized trails on the Inyo National Forest.   Supervisor Arcularius requested that the County Road Department be made aware of the roads being designated in order to ensure that access problems like those that occurred in Death Valley, are averted.   Ms. Wood indicated that they are planning on coordinating with the Road Department.

Ag. Comm./ATV P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to declare Mammoth Powersports a sole-source provider of ATV’s and authorize the purchase of the following from Mammoth Powersports: A) 2 Polaris Sportsman 500 4x4 ATV’s in an amount not to exceed $14,700; and B) 1 Polaris Sportsman 700 4x4 ATV in an amount not to exceed $8,300.   Motion carried unanimously.

D.A./Lexis Nexis Subscription

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the Lexis Nexis Subscription Agreement and Order Form for online legal services; and authorize the District Attorney to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./Substance Abuse Act Plan

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the Fiscal Year 2006-2007 Plan for implementation of the Substance Abuse and Crime Prevention Act and authorize the Alcohol and Drug Administrator, Linda Benson, to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./Office of Ed MOU

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the Memorandum of Understanding (MOU) with the County Office of Education for the receipt of up to $36,725 to provide Mental Health services to emotionally disabled children, for Fiscal Year 2006-07; and authorize the Chairperson to sign.   Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:51 a.m., to reconvene in open session at 10:00 a.m., with all Board Members present.

BofS/Codification of 2000    Measure A

County Counsel, Mr. Paul Bruce, briefly reviewed the Staff Report, reviewing the three versions of Measure A, which had been submitted for the Board’s consideration.   Mr. Bruce explained that the validity of Measure A is not confirmed or denied based on its codification, that only a court decision on point could do that.   The Board briefly discussed the codification issue amongst themselves. Supervisor Williams noted that early in 2004 he had supported the codification and expressed his support for codifying the Measure as passed by the voters and covered in version A. Supervisors Bilyeu and Cervantes strongly supported the codification, saying this action should not have taken so long.   Supervisors Arcularius and Bilyeu also expressed support for codifying the Measure exactly as passed by the voters and covered by version A.   Supervisor Cash expressed her support for codification in order to provide legislative history of the voters’ actions for future Boards, expressing her desire to see this issue resolved.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to direct Staff to begin the ordinance adoption process to codify the 2000 Measure A as recommended by Staff in version A, to be brought back for waiving the first reading on May 9, 2006.   Motion carried unanimously.

Ag. Comm.-Mosq. Prgm./Chemical P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve a blanket purchase order to sole-source provider of mosquito abatement chemicals, Fennimore Chemicals (Adapco), in an amount not to exceed $45,000.   Motion carried unanimously.

Ag. Comm./Mosq. Prgm./Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to amend the FY 2005-06 Owens Valley Mosquito Abatement Program Budget Unit 154101 by increasing estimated revenue in State Grants (Object Code #4498) by $40,000 and by increasing appropriations in Part Time Employees (Object Code #5012) by $6,642, General Operating Expense (Object Code #5311) by $15,436 and Other Equipment (Object Code #5670) by $17,922.   Motion carried unanimously.

Planning Dept.- Yucca Mt./ESRI Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Maintenance Agreement between the County of Inyo and ESRI, Inc., for support service on GIS Software owned by the County of Inyo to assist in maintaining GIS Project and amend the FY 2005-06 Yucca Mountain Oversight Budget Unit 620695 by increasing appropriations in Professional Services (Object Code #5265) by $3,460 and decreasing Contingencies (Object Code #5901) by $3,460.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors meetings of A) the Special Meeting of April 11, 2006 and B) the Regular Meeting of April 11, 2006.   Motion carried unanimously, with Supervisor Cervantes abstaining.

Planning Dept.- Yucca Mt./ Transportation Risk Assessment

The Board received a presentation from Fred Dilger, PhD., and Dr. Resnikoff of Radioactive Waste Management Associates, updating the Board on Task 3, Data Acquisition and Survey and Task 4, Risk Estimates for Inyo County as a part of the Yucca Mountain Transportation Risk Assessment currently being performed for Inyo County.

BofS/Blind Springs Hill Wind Power Project

The County Administrator introduced the request from the Friends of Blind Springs Hill for the Board to take a position to urge Clipper Wind Power to abandon its designs on Blind Springs Hill, to withdraw its request for a permit to allow the placement of three test towers and find a more suitable location to place its wind farm.    He explained that this project was in Mono County, that the request was received via a letter and recommended that the Board not proceed with the request.   Supervisor Cash explained that it was her understanding that this issue may resolve itself, in that Clipper Wind Power is looking for an alternative viable location for the project.

Board Members and Staff Reports

The Board Members briefly reported on their activities during the preceding week, including a report that RCRC is looking into additional funds that may be available to reimburse counties for their special election costs, the reintroduction of the Frontier County concept to protect small rural jurisdictions from the impact of regulatory mandates, upcoming events in Lone Pine including the Wild Wild West Run, the Fiesta de Lone Pine, the opening of the Lone Pine Film Museum, the Change of Command Ceremony at China Lake, the possibility of the fireworks display being canceled in Independence, the funeral services of Mono County Supervisor John Cecil, the City Council of Bishop adopting a resolution in support of the County’s TOT Tax Increase Ballot Measure, a LTC meeting, acknowledgement that AB7 for funding for the fish hatcheries had been fully funded, and with Supervisor Arcularius excusing herself from tomorrow’s Special Meeting in Big Pine on the TOT Measure, because she will be traveling this afternoon to attend a Sierra Nevada Conservancy Meeting in Jackson and then continuing on to Sacramento where she is scheduled to testify before the Assembly Insurance Subcommittee opposing Insurance Commissioner Garamendi’s proposed rule change which would significantly increase automobile insurance rates in Inyo County.

Closed Session

The Chairperson recessed open session at 11:15 a.m. to convene in closed Session, with all Board Members present to discuss Agenda Items No. 16.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §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. 17.   CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (c) – Decision Whether to Initiate Litigation (one case).

Report on Closed Session

The Chairperson recessed closed session at 12:55 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 12:55 p.m., to 9:00 a.m., May 9, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.