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 July 18 , 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Vice Chairperson Jim Bilyeu presiding as Chairperson, Linda Arcularius, Ted Williams, and Richard Cervantes Supervisor Susan Cash was absent.   Supervisor Cervantes provided the Invocation, and led the Supervisor Williams Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.   There was no one from the public wishing to address the Board.

County Dept. Reports

The Chairperson announced the County Department Report period.   Supervisor Arcularius took the opportunity to share highlights of the Junior Livestock Auction, which had taken place last week at the Tri-County Fairgrounds.  

Integ. Waste/D.V. Waste Hauling Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify and approve the Contract between the County of Inyo and Pahrump Valley Disposal, Inc., to provide waste hauling services to the community of Death Valley Junction in an amount not to exceed $1,142.64, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cash absent.

Integ. Waste/ Tecopa Waste Hauling Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify and approve the Contract between the County of Inyo and   Pahrump Valley Disposal, Inc., to provide waste hauling services to the community of Tecopa in an amount not to exceed $44,039.44, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cash absent.

Integ. Waste/ Furnace Creek Waste Hauling Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify and approve the Contract between the County of Inyo and   Pahrump Valley Disposal, Inc., to provide waste hauling services to the community of Furnace Creek in an amount not to exceed $41,548.80, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cash absent.

Integ. Waste/ Shoshone & Charleston View Waste Hauling Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to ratify and approve the Contract between the County of Inyo and   Pahrump Valley Disposal, Inc., to provide waste hauling services to the communities of Shoshone and Charleston View in an amount not to exceed $31,446.56, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cash absent.

VSO/Subvention & Medi-Cal Certificates

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Subvention and Medi-Cal Certificates of Compliance for FY 2006-07 and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cash absent.

P.W.-ESR A/P/ Apron Access Rd. Plans & Specs.

Mr. Ron Chegwidden, Public Works Director, explained that the first bids for this project exceeded the Engineer’s estimated and that as a result, the FAA had provided an additional $450,000 of Grant funds to see that this project is completed.   He went on to explain that the plans and specifications for the project have not changed, but that with the increase in funding there is an increase in the match which is required, which will make it impossible for the P.W. Department to meet the budget parameters which have been set forth.   He asked for Board direction on how to proceed.   The Board expressed their support for this project and thanked the Public Works Director for bringing this forward for the Board’s discussion with regard to the budget parameters.  

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Plans and Specifications for the Eastern Sierra Regional Airport Apron Access Road Project and authorize the Public Works Director to advertise for bids for the project.    Motion carried unanimously, with Supervisor Cash absent.

BofS-Rd.Dept./ Truck Noise South End of Independence

The Chairperson introduced Mr. and Mrs. Von Riesen of Independence, who were the constituents having a problem with truck noise late in the evening near their home at the south end of Independence.   Mrs. Riesen reviewed the history of the truck noise near her home on Washington and Citrus Streets.   She explained that the big rigs were using the Independence Park area as a rest area and a change-out location.   She informed the Board of laws. Which preclude trucks from idling for more than 5 minutes within 100 ft of residential areas.   California Highway Patrol Sgt. Beele said that he was unaware of what the law said and that he would look into whether it would help reduce the incidents of truck noise.   Sgt. Beele went on to say that without local laws governing noise, there is no authority for enforcement to stop it.  

County Counsel, Mr. Paul Bruce provided additional information regarding the implementation of a Countywide noise ordinance.   He explained that before a noise ordinance could be developed, the Board would have to define what a residential area is.   Supervisor Bilyeu said he would like to see the Board take an action to control truck noise throughout the County because he is not only receiving complaints in Independence, but also in Big Pine, where a long-time resident has indicated he is moving from the County because of the noise from the trucks which idle across the street from his home.   

Supervisors Arcularius and Williams explained that they had a situation regarding unregulated truck noise which impacted their district and which had been handled with the help of the nearby property owner and the business where the noise was being generated.   They indicated that they were unwilling to move forward with an ordinance until they had a clear understanding of the impacts on the various residential areas in the County.  

The Public Works Director suggested an alternative that had been recommended by County Counsel during their discussions, which was to make Washington Street “not a through street.”   He requested that Supervisor Bilyeu conduct a public meeting in Independence to get input on this recommendation and let the Department know if it is an acceptable alternative for the community.   Mrs. Riesen on behalf of she and her husband indicated that the alternative was acceptable and appeared to address the noise issue by making it impossible for the big rigs to turn around to gain access.    

During the discussion, the Board Members expressed concerns with the potential increase in truck traffic on Highway 395 as a result of the new truck depot in the Reno/Sparks area, explaining that there is a need to provide a place for truckers to take the required rest breaks.   Supervisor Arcularius indicated that this might be a great opportunity for private enterprise.   Supervisor Bilyeu indicated that he would conduct a public meeting in Independence in the very near future regarding the recommendation to make Washington Street in Independence “not a through street” and coordinate with the Public Works Department on bringing an action item back for the Board’s consideration.

HHS-First 5 Comm./Outcome Measurement Ordinance Change

Ms. Jara Halfen, Director of the Inyo First Five Program, addressed the Board to provided additional information on the request to amend the First Five Ordinance to address “Outcomes Measurement.”   She explained that this change was required in order for Inyo County to be compliant with State laws.   She also provided a brief Program update.   Moved by Supervisor Williams and seconded by Supervisor Cervantes to A) waive the first reading of an ordinance entitled “An Ordinance of the Board of supervisors of the County of Inyo, State of California, to Add Section 2.50.130 to the Inyo County Code and Amending Section 2.50.160 to Add the Charge of Outcomes Measurement;” and B) schedule the enactment for 10:00 a.m., Tuesday, July 25, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously, with Supervisor Cash absent.

Recess/Reconvene

The Chairperson recessed the regular meeting at 10:15 a.m., to reconvene at 10:30 a.m., with all Board Members present.

BofS/Oil Tax Initiative Opposition .

The Board briefly discussed the request by the Citizen’s Against Higher Taxes for the County to join in opposing the “Oil Tax Initiative.”   The Board Members expressed concerns with the language contained in the alternative.   They questioned whether the County could oppose the proposition without supporting the alternative and the possibility, in deference to Supervisor Cash’s absence, of continuing this item.   The Board took no action on the request and continued the discussion to a time and place when the full Board was available to discuss this request, with direction to Staff to reagendize the item when it was determined that Supervisor Cash would be available.  

Resol. #2006-41/ Home Investment Program Grant Application

On a motion by Supervisor Cervantes and a second by Supervisor Williams, Resolution No. 2006-41 entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding Under the Home Investment Partnership Program and If Selected, the Execution of a Standard Agreement, Any Amendments or Certifications Thereto, and any Related Documents Necessary to Participate in the Home Investment Partnership Program” was approved: motion unanimously passed and adopted, with Supervisor Cash absent.

Planning-Yucca Mt./Update

Mr. John Gervers of Latir Energy Consultants updated the Board on current and proposed issues concerning the Yucca Mountain Nuclear Waste Repository.  

Water Dept./ Green Book Update

Mr. Tom Brooks, Water Director, presented an update on the preparation of revisions to the Long Term Water Agreement technical attachment titled “Green Book.”   Mr. Brooks took the opportunity to introduce a water management concept to the Board of Supervisors that Staff is recommending the County consider for revisions to the Green Book.   He explained that this was an innovative concept, which may differ from past perceptions of how the County should manage its interests with regard to the Los Angeles Department of Water and Power’s (LADWP) water activities in the Owens Valley.   Mr. Brooks went on to explain the concept in detail.   The discussion included key elements of management and the County’s position, the implementation of principles, i.e., management of grasses, stress requires recovery, water table depth to constrain operations, vegetation response used to modify models, restoration may be required to return to baseline conditions and the setting of recovery goals.   He explained that today’s presentation was to introduce the concept and that he would be bringing back an Agenda Item for formal discussion and recommendations for the Board’s consideration next week.   Mr. Brooks’ confirmed that he had informed local DWP Officials of the preliminary introduction of this idea to the Board and acknowledged that a representative of DWP was in the audience.   The Board indicated that they were looking forward to the discussion when this item is brought back.  

BofS/Minute Approval

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the minutes of the June 27, 2006, Board of Supervisors Meeting.   Motion carried unanimously, with Supervisor Cash absent.

Dist./Mt. Whitney Cemetery District Appointment

Supervisor Cervantes expressed his support of Ms. Kritz’ appointment.   Moved by Supervisor Cervantes and seconded by Supervisor Williams to appoint Ms. Irene Kritz to the Mt. Whitney Cemetery District Board of Trustees to complete an unexpired four-year term ending May 31, 2007.   Motion carried unanimously, with Supervisor Cash absent.

Closed Session

The Chairperson recessed open session at 12:45 p.m., to convene in closed session, with all Board Members present, except Supervisor Cash, to discuss Agenda Items No. 17.   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, in the Court of Appeal of the State of California Fourth Appellate District Division Two Case No. E039140 (Inyo County Superior Court Case No. SICVCV01-29768(1); No. 18. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – Decision whether to initiate litigation. (One Case); No. 19. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – Decision whether to initiate litigation. (One Case); and No. 20.   CONFERENCE WITH LABOR NEGOTIATOR[Pursuant to Government Code §54957.6] – Instructions to Negotiators re: wages, salaries and benefits, Employee Organization: ICEA – Negotiators:   CAO Ron Juliff and Personnel Analyst Sue Dishion.  The Chairperson recessed closed session at 12:50 p.m. to reconvene in closed session at 1:45 p.m., with all Board Members present except Supervisor Cash, to continue discussions on closed session items.

Report on Closed Session

The Chairperson recessed closed session at 2:20 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 2:20 p.m. to 9:00 a.m., Tuesday, July 25, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence.