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 June 6 , 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 Bilyeu provided the Invocation, and Supervisor Cervantes led the Pledge of Allegiance.

Public Comment

The Chairperson opened the public comment period.   Mr. Dilbert Stockinger, of Lone Pine, addressed the Board.   Mr. Stockinger informed the Board that the Foot Hill Trailer Park near Diaz Lake had been intermittently without water for over two weeks.   He explained that the residents of the park had no potable water nor water for other essential necessities, i.e., washing, bathing, etc.   He informed the Board that he had notified the Health Department, with no results and requested that something be done to force the owners to fix the situation.   The Chairperson recessed the regular meeting at 9:07 a.m., to provide Supervisor Cervantes the opportunity to contact the Environmental Health Department   regarding this situation.   The Chairperson reconvened in open session at 9:12 a.m., with all Board Members present.   Supervisor Cervantes reported that Mr. Marvin Moskowitz, Environmental Health Director, had notified him that the situation at the mobile home part was to be fixed today and that he was working with the owners regarding the installation of a water tank to ensure that this problem with the water doesn’t arise in the future.   Supervisor Cervantes announced that he had received a request from Tecopa residents asking for a report on the status of the sewer ponds at the campground.

County Dept. Reports

The Chairperson announced the County Department Report period.   Mr. Chuck Hamilton, Deputy County Administrator, announced that a Household Hazardous Waste Event would be conducted on Saturday, June 10, 2006, from 9:00 a.m., to 12:00 noon, at the Lone Pine Landfill.   Mr. Tom Brooks, Water Director, reported that due to little movement in the Green Book update, this month’s report would not be made and the Board could expect a detailed report in July.   Mr. George Milovich, Agricultural Commissioner, reported that Bill 2379, regarding funding for noxious weed programs had passed both houses and was on the Governor’s desk for signature.   Supervisor Arcularius requested that Mr. Milovich prepare a letter for the Chairperson’s signature requesting the Governor’s support of the legislation.

Post Agenda/Rd. Closure for Video Shoot

The Chairperson reviewed the request before the Board for consideration of a Post Agenda Item, explaining that the Road Department was requesting a road closure in Lone Pine for a video shoot on Wednesday, June 7, 2006.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to find that the need for the Board to take action on a request for a road closure in Lone Pine arose after the agenda for the June 6, 2006 Board of Supervisors Meeting was posted and there is a need for the Board to take action on this item, prior to the next regularly scheduled meeting, therefore, this item is added as Agenda Item, No. 26A.   Motion carried unanimously.

Post Agenda/Clerk Recorder Contract for HAVA Funding

The Chairperson reviewed the request before the Board for consideration of a Post Agenda Item, explaining that the Clerk-Recorder is requesting the Board adopt a resolution authorizing a contract with the State for Help America Vote Act funding in order to receive additional funds which may be available.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to find that the need to take action on a resolution approving a contract with the State for HAVA funds arose after the Agenda for the June 6, 2006 Board of Supervisors Meeting was posted and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore, this item is added as Agenda Item No. 26B.   Motion carried unanimously.

Rd. Dept./Rd. Closure for Video Shoot

Mr. Ron Chegwidden, Public Works Director, provided additional information and further explanation on the proposed road closures in Lone Pine to facilitate a video shoot.   He explained that Sheriff’s Deputies would be on site to control traffic and that intermittent pedestrian access would also be provided.   Mr. Rod Ayers of Lone Pine addressed the Board to support the road closures and to thank County Staff for their quick response to this request.  

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to approve the temporary closure of Lone Pine roads as follows: (a) East Bush Street on June 7, 2006 between 12:00 p.m., and 4:00 p.m., and (b) west Mt. View Street between the hours of 4:00 p.m. and 8:30 p.m.   Motion carried unanimously.

Introductions

Mr. Art Maillet,   District Attorney, introduced M s. Kathy Sterrett, Legal Assistant in the District Attorney’s Office to the Board.   Mr. Ron Chegwidden, Public Works Director introduced Ms. Cindy Truelsen, Account Tech in the Public Works Department to the Board.

Forest Serv./L.P. Chamber Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve Amendment No. 1 to the Contract between the County of Inyo and the Lone Pine Chamber of Commerce for the purchase of equipment related to the Title III FY 05/06 Forest Reserved Funds Fire Prevention and County Planning Grant, to extend the ending date of the Contract from June 30, 2006 to September 30, 2006, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Integ. Waste./PSC Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Phillips Services Corporation (PSC) Environmental Services Group for the removal of collected and stored household hazard waste from local landfills, in an amount not to exceed $18,623, for the period of June 6, 2006 through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Children’s Serv. Council/D.V. School Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the Death Valley Unified School District for providing a summer enrichment program, in an amount not to exceed $1,120.46 for the period of May 1, 2006 through September 30, 2006, contingent upon the Board’s adoption of a FY 2006-07 budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Hlth. Serv./ Leja Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Catherine Leja, M.D. for clinical physician services, in an amount not to exceed $22,500, for the period of April 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.

Social Serv./Supt. of Schools Child Care Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Amendment No. One to the Contract between the County of Inyo and the Inyo County Superintendent of Schools, for child care services, increasing the contract amount by $60,000 for a total not to exceed $280,000, for the period of July 1, 2005, through June 30, 2006; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Hlth. Serv./ Clinica Sierra Vista Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Clinica Sierra Vista for the provision of medical services in amount not to exceed $5,000, 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.

HHS-Behavioral Hlth. Serv./Crest- wood Health Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Crestwood Behavioral Health, Inc., for residential placement for adults in a locked facility in an amount not to exceed $71,000 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.

P.W./DBE Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies and the Local Agency Disadvantaged Business Enterprise Annual Submittal Form for Federal Fiscal Year 2006/07.    Motion carried unanimously.

Probation/Juv. Inst. Training

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve a purchase order for the service of a PC 832 Course for the Juvenile Institutions employees taught by Martinelli & Associates in an amount not to exceed $3,905.   Motion carried unanimously.

Forest Serv./ Anchor Point Contract Comm. Wildfire Plan

The Deputy County Administrator, Mr. Chuck Hamilton, provided additional information and further explanation on the request to expand the contract for a partial countywide Wildfire Plan to include the entire County.   He explained that the current contract covers Inyo County from Keeler north to the County line and this new contract would encompass the entire County.   Supervisor Cervantes identified a fire danger in the Fifth District and questioned the use of the funding for a plan rather than to address an actual danger.   Supervisor Arcularius and the County Administrator explained that without the countywide Protection Plan the County would be unable to qualify for alternative grant funding which is available through the Healthy Forest Initiative Act.   Ms. Leslie Chapman addressed the Board to discuss utilizing next year’s funding for an activity conducted this year. The Board and Staff continued to discuss the proposed use of next year’s Title III funding to complete a countywide Wildfire Protection Plan.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to reduce appropriations in Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $19,500 and increase appropriations in Disaster Services Budget Unit 023700, Other Agency Contribution (Object Code #5539) by $19,500; ratify the Contract between the County of Inyo and Anchor Point Group LLC of Boulder, Colorado, for the preparation of the Inyo County Community Wildfire Protection Plan, in an amount not to exceed $19,500 for the period of May 16, 2006 through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget and authorize the County Administrator to sign; and direct that a portion of next year’s Title III Funding be budgeted to reimburse the County for this contract if allowable under Title III.   Motion carried unanimously, with Supervisor Cervantes changing his vote from a No to an Aye upon further explanation that the contract was being expanded to include the entire County.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:05 a.m., to reconvene at 10:10 a.m., with all Board Members present.

P.W./Public Hearing on Speed Limit on Mumy Lane

The Chairperson opened the public hearing at 10:12 a.m., on an ordinance establishing 25 miles per hour as the Prima Facie Speed Limit on Mumy Lane.   The Public Works Director, Mr. Ron Chegwidden reviewed and presented for the record the Traffic and Engineering Study, which was used to establish the 25 miles per hour for Mumy Lane.   There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 10:20 a.m.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to waive the first reading of the ordinance and schedule the enactment for 10:00 a.m., June 13, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

CAO-Purchasing/ Computer Bids

At the request of Supervisor Cervantes, Mr. Jon Manning, Purchasing Specialist, provided further explanation on why the bids for Computers did not meet the County’s specifications.   The County Administrator, reminded the Board that because of the impending upgrades to the Network and Financial System, there is a need to ensure that all of the electronic equipment purchased is compatible and of the latest technology.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) reject bids submitted from Gateway and Howard Computers for Section A of Bid No. 2005-08; B) award Section A of Bid No. 2005-08 to Gov Connection for four laptop computers and four battery back-ups in an amount not to exceed $6,622 plus tax and shipping; and C) reject all bids received for Section B as recommended by Staff.   Motion carried unanimously.

HHS-AODS/DUI Program Fees Ordinance

The Chairperson opened the public hearing at 10:30 a.m., on an ordinance to repeal Ordinance 1080, revising the Inyo County Driving-Under-the-Influence Program Fees and including the fee for a First Offender .20/9-month Program.   Ms. Linda Benson, Assistant Director of Health and Human Services, reviewed the DUI programs and fees.   Ms. Benson explained that the fees paid under this program are in addition to other fines and fees and are paid by the offender.   There being no one from the public wishing to speak to this issue, the Chairperson closed the public hearing at 10:37 a.m.   Moved by Supervisor Williams and seconded by Supervisor Cervantes to waive the first reading of the ordinance and schedule the enactment for 11:00 a.m., June 13, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Ag. Comm.-Mosq. Abatement/Budget Amendment

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to amend the FY 2005-06 Owens Valley Mosquito Abatement Program Budget Unit 154101 as follows:   increase estimated revenue in State Grants (Revenue Code #4498) by $10,000 and increase appropriations in General Operating Expense (Object Code #5311) by $10,000.   Motion carried unanimously.

Ag. Comm.-Mosq. Abatement Chemical P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve a blanket purchase order to sole-source provider Fennimore (Adapco) Chemicals for the purchase of chemicals and bio-control products in an amount not to exceed $10,000.   Motion carried unanimously.

County Counsel/ Greg James Contract

County Counsel, Mr. Paul Bruce, provided additional information and further justification for the request to contract for legal services with Mr.   Greg James. He explained that in response to the County’s budget concerns, it was determined by the County Counsel and the Water Director, based upon estimated needs for next year, to contract for a reduced number of hours for next year, which would save the County $25,000.    In response to a question from Supervisor Cervantes, Mr. Bruce reviewed the duties and responsibilities performed by Mr. James.   The remaining Board Members acknowledged that the Board provides the direction on what services are to be provided and that because of closed session restrictions the Board’s directions cannot always be shared with the constituency.   Additionally, the Board acknowledged Mr. James’ qualifications and thanked him for continuing to assist the County at such a reduced rate.   Mr. Tom Brooks, Water Director, addressed the Board to provide clarification on the invaluable services provided to his department by Mr. James.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve Amendment No. 2 to the Agreement between the County of Inyo and Gregory L. James, Attorney at Law, for the provision of legal services in the area of Water and Environmental Law, extending the Agreement for the period of July 1, 2006 through June 30, 2007; at the rate of $6,750 per month for a total of 600 hours of legal services during the twelve month extension term (hourly cost equals $135 per hour) and $140 for every hour of legal services provided in excess of 600 hours during the twelve month extension period; and a contract limit of $95,000; contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

D.A./Budget Amendment

The District Attorney, Mr. Art Maillet, explained how the Special Appropriations account is overseen and audited.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to amend the FY 2005-06 District Attorney Budget Unit 022400 by increasing estimated revenue in Restitutions (Revenue Code #4676) by $7,573 and increasing appropriations in Special Appropriations (Object Code #5321) by $7,573.   Motion carried unanimously.

Clerk/Wide Format Copier Lease

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to authorize the Inyo County Recorder’s Office to enter into a 60 month lease agreement with Xerox Corporation for a Model 6204 wide format copier/scanner in the amount of $375.33 per month contingent upon future budget approval; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

P.W./Asst. Civil Eng. Step E

Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize filling a vacant Assistant Civil Engineer position at Range 73 ($3,846 - $4,677), Step E.   Motion carried unanimously.

P.W./License Agreement w/FAA

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve License Agreement No. DTFAWP-06-A-00005 between the County of Inyo and the Federal Aviation Administration for construction, operations, and maintenance of an LDA/DME air navigational aids system for the Eastern Sierra Regional Airport; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Planning Dept.-Yucca Mt./Budget Amendment – Mono County Agreement

Ms. Rennie Holland, Yucca Mountain Program Analyst, provided additional information and further explanation on the request for approval of a data and support services agreement with Mono County.   In response to a question from Supervisor Cervantes, the County Administrator explained that prior to publishing a newsletter it was imperative that data on the area be collected to provide information for a newsletter.   He added this is the first step in a multi-stepped process.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) amend the FY 2005-06 Yucca Mountain Budget Unit 620695 by increasing appropriations in Professional Services (Object Code #5265) by $2,000 and reducing appropriations in Contingencies (Object Code #5901) by $2,000; (4/5’s vote required) and B) approve the Data and Support Agreement between the County of Inyo and Mono County for data and support services at the rate of $2,000 annually, contingent upon continued Yucca Mountain Oversight Program Funding; and authorize the Chairperson to sign.   Motion carried unanimously.

Treasurer/No TRANs for 2006-07

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to issue the order pursuant to Section 53853(b) of the California Government Code notifying the Lone Pine Unified School District and the Owens Valley Unified School District that the Inyo County Board of Supervisors will not authorize by resolution the issuance of the school districts’ Tax and Revenue Anticipation Notes (TRANs) for the 2006-07 fiscal year on their behalf.   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) May 9, 2006 and B) May 16, 2006.   Motion carried unanimously.

Resol. #2006-33/ HAVA Reimbursement

The County Administrator, Mr. Ron Juliff, explained that the County had received word late Friday afternoon that there may be sufficient State funding to reimburse counties for all or more of their costs to change the voting systems, and in order to qualify a contract needs to be in place prior to the finalization of the May revise.   Mr. Juliff explained that Inyo County could receive around $135,000 if full funding is realized.   On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu Resolution No. 2006-33 was adopted, approving the County entering into a contract with the State of California for any and all funds available to Inyo County pursuant to the Federal Help America Vote Act of 2002:   motion unanimously passed and adopted.  

Fish & Game/ Wildlife Care 2005-06 Funding

Moved by Supervisor Cervantes and seconded by Supervisor Williams to approve an expenditure from the Fish and Game Fine Fund in the amount of $1,500 for the Eastern Sierra Wildlife Care for FY 2005-06.   Motion carried unanimously.

Library/L.P. Library Expansion

The County Administrator reviewed the request made via a petition from Lone Pine residents regarding speeding up the process to provide for the expansion of the Lone Pine Library.   Mr. Juliff explained that the library expansion was contingent upon the Lone Pine Sheriff Substation relocation, which was contingent upon identifying funding for that project.   He also explained that once the Sheriff’s facility is moved, it will take approximately $140,000 to bring the existing building up to a level where the library operations could move in, which is also contingent upon identifying funding.   Mr. Juliff reviewed the status of the current budget and expectations for next year, which did not have sufficient discretionary funds to provide for either project.   At the recommendation of Supervisor Cervantes, no action was taken on this request.  

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a CSAC Ag and Natural Resource Committee teleconference, a CSAC Justice Committee teleconference, a Sierra Nevada Conservancy Meeting, a tour of the LORP and other dry lake bed operations, a visit to the Olancha School, an Inyo First Five Commission meeting where it was determined by the Committee to maintain the current governance structure, an EMCC Meeting, an Owens Valley Interagency Committee meeting, a LAFCO meeting and a Inyo-Mono Fish and Game Advisory Commission meeting.   The County Administrator reported that he is in meetings with the Judge and the other Public Defenders regarding an upcoming Public Defender vacancy.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:30 p.m. to reconvene in closed session at 1:30 p.m., with all Board Members present.

Closed Session

The Board met in closed session to discuss Agenda Items No. 29, CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a)- Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768 (I);   No. 30.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a)- Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVPT04-37217 (II) (Write of Mandate); No. 31.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 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); and No. 32.   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 1:55 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 1:55 p.m. to 9:00 a.m., on Tuesday, June 13, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.