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, May 9 , 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 Arcularius led the Pledge of Allegiance.

Public Comment

The Chairperson opened the public comment period and there was no one from the public wishing to address the Board. The Chairperson acknowledged a letter received from the State of California Department of Veterans Affairs, highlighting the benefits attained by the County’s Veterans Service Office for local veterans, thanking Staff for a job well done.  

County Dept. Reports

The Chairperson announced the County Department Report Period.   The Public Works Director, Mr. Ron Chegwidden, informed the Board that the $800,000 of Highway User Tax money had been reinstated.   Deputy County Administrator, Mr. Kevin Carunchio, updated the Board on the status of the Library Automation Project.  

Disaster Serv./ Backup Generator P. O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to award and approve the purchase for a 15kW, LPG powered, emergency backup generator to Kohler Power Systems of Fallon, Nevada in an amount not to exceed $9,137.20.   Motion carried unanimously.

HHS-Soc. Serv./ National Council on Crime & Delinquency Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and the National Council on Crime and Delinquency, for the provision of training and technical support of the purchase of Structured Decision Making ™, for the period of February 1, 2006 through June 30, 2007, in an amount not to exceed $14,074 for FY 2005-06 and $14,866 for FY 2006-07 for a total amount of $28,940, contingent upon the Board’s adoption of a FY 2006-07 budget; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Behavioral Hlth./NNA Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the FY 2005-06 First Amendment to the standard Negotiated Net Amount (NNA) Contract with the California Department of Alcohol and Drug (AOD) Programs in a total amount of $488,197, reflecting the $366 increase in Federal Funds for FY 2005-06; and authorize the Chairperson to sign.   Motion carried unanimously.

Probation/Control Panel Emergency Repair

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to authorize the emergency repair of the control panel at the Juvenile Center and approve the payment to Etch Controls Corporation for the repair in an amount not to exceed $4,461.36, contingent upon the Auditor-Controller’s approval.   Motion carried unanimously.

Resol. #2006-29 Juvenile Justice Plan Modification

On a motion by Supervisor Bilyeu and a second by Supervisor Williams, Resolution No. 2006-29,   entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Authorizing the Chief Probation Officer to Sign and Submit the County’s Comprehensive Multiagency Juvenile Justice Plan Modification,” was adopted: motion unanimously passed and adopted.

P.W./Plans & Specs. L.P. Park Refurbishing Prjct.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Plans and Specifications for the Lone Pine Park Sports Refurbishing Project and authorize the Director of Public Works to advertise for bids for the project.   Motion carried unanimously.

P.W./BLM Right of Way for Lone Pine Water System

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Assignment of a Right of Way Grants from the Los Angeles Department of Water and Power to Inyo County for property regulated by the Bureau of Land Management to accommodate the Lone Pine (a) water system conveyance pipeline and (b) water storage facility; authorize the payment to the Bureau of Land Management for annual site rental in an amount not to exceed $1,500; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W./Plans & Specs. Museum Reroofing Project

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Plans and Specifications for the Eastern California Museum Reroofing Project and authorize the Public Works Director to advertise for bids for the project.   Motion carried unanimously.

P.W./Plans & Specs. L.P. Park Fence

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Plans and Specifications for the Lone Pine Park Fence Replacement Project and authorize the Public Works Director to advertise for bids for the project.   Motion carried unanimously.

Rd. Dept./ Cascade Software Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Agreement between the County of Inyo and Cascade Software Systems, Inc. for the provision of Software Maintenance and Support Services, for the Road Department’s Cost Accounting Program, in an amount not to exceed $10,462.12 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.

Rd. Dept./Round Up Pro P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve a purchase order to Target Specialty Products of San Jose, California, for the purchase of 75 gals of Round Up Pro for weed control on County roads and along the road shoulders in an amount not to exceed $2,909.90 including tax and shipping.   Motion carried unanimously.

Resol. #2006-30/ Veterans Transportation

On a motion by Supervisor Bilyeu and a second by Supervisor Williams, Resolution No. 2006-30 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Establishing Transportation for Veterans,” was adopted: motion unanimously passed and adopted.

Fish & Game/ Letter Opposing Closure of Mt. Whitney Fish Hatchery

Supervisor Bilyeu presented the Board with a draft of a letter he is proposing be delivered to the Governor, opposing the Department of Fish and Game’s decision to not fund the Mt. Whitney Fish Hatchery operations in next year’s budget.   Supervisor Bilyeu explained that he and Mr. Bruce Ivey of the Friends of the Mt. Whitney Fish Hatchery, along with Supervisor Arcularius would be traveling to Sacramento after today’s meeting to meet with Assemblyman Bill Maze, and hopefully, representatives of the Governor’s Office and the Department of Fish and Game to personally deliver Inyo County’s concerns with the proposal to not fund the Mt. Whitney Fish Hatchery operations.   The Board expressed their individual and collective support for the funding of this hatchery, as well as their dismay that the Department of Fish and Game totally ignored the intent and spirit of AB7 to maintain existing hatchery operations.   Mr. Tom Brooks, Inyo County Water Director, raised the concern with the proposal by Fish and Game to expand operations at the Fish Springs Hatchery in lieu of maintaining operations at Mt. Whitney, because of on-going water resource issues at that hatchery. He explained that the Mt. Whitney Fish Hatchery has a dedicated water source, unlike the Fish Springs area, which is a mitigation project subject to the Long Term Water Agreement currently being addressed because of over-mining of water and water quality issues.      Mr. Ivey addressed the Board to provide additional information regarding the Mt. Whitney Fish Hatchery and it’s operations.   He supported the Board’s efforts to oppose the Department of Fish and Game’s proposal to not fund the Mt. Whitney Fish Hatchery operations.   Supervisor Arcularius noted that she was making arrangements for the group to meet with the Director of the Resource Agency, Mr. Mike Chrisman and that she had requested RCRC representatives accompany the group to their meetings.   Supervisor Arcularius also requested that the reference to 98% of the land in Inyo County being privately owned be changed to publicly owned.     Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the letter to the Governor opposing the Department of Fish and Game’s proposal to close the Mt. Whitney Fish Hatchery by not funding it, as corrected.   Motion carried unanimously.

Auditor/Bartig, Bassler & Ray CPA’s Contract

Supervisor Cervantes questioned the sole-source recommendation for this contract as well as for the contracts with Public Resource Management, and Maximus for State Mandated Cost Claim services. He explained that he was unable to support the sole-source recommendation.    The Auditor-Controller, Ms. Leslie Chapman, explained that the sole-source recommendations were, in her professional opinion, the most cost effective method to obtain the highest level of service.   She explained that the companies in question were very familiar with the County’s systems, that they were currently providing like services to a large number of California rural counties and that in the case of Bartig, Basler and Ray, because of their history and knowledge of Inyo County’s accounting functions, they would be used to help trouble-shoot the conversion to the new network system.   Supervisors Arcularius, Cash, Williams and Bilyeu supported the recommendation of the Auditor to sole-source these contracts.  

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to declare Bartig, Bassler and Ray, CPA’s, Inc., as a sole-source provider for auditing service and approve the Contract between the County of Inyo and Bartig, Bassler and Ray, CPA’s, Inc., for the provision of audit service for the County, Children and Families Commission, LAFCO, Inyo Transportation Development Act Funds and Inyo County STIP Programs for the fiscal years ending June 30, 2006, 2007 and 2008 in an amount not to exceed $216,000, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.    Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes and with Supervisor Cervantes voting no.

Auditor/Public Resource Management Group Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to declare Public Resource Management Group as a sole-source provider of cost plan preparation services and approve the Contract between the County of Inyo and Public Resource Management Group (PRM) for preparation of the FY 2006-2007 Countywide Cost Plan for use in FY 2007-08 in an amount not to exceed $6,000, contingent upon the Board’s adoption of a FY 2006-07 budget; and authorize the Chairperson, contingent upon the appropriate signatures being obtained. Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes and with Supervisor Cervantes voting no.  

Auditor/Maximus, Inc. Contract Property Tax Admin.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Maximus, Inc. for calculation of the County’s cost to provide FY 2006-07 Property Tax Administration services in an amount not to exceed $2,500, 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.

Auditor/Maximus Contract Cost Claims

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to declare Maximus, Inc., as a sole-source provider for mandated costs claims services and approve the Contract between the County of Inyo and Maximus, Inc., for preparation of the FY 2006-07 SB90 State Mandated Costs Claim in an amount not to exceed $15,525, 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 on a four-to-one vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes and with Supervisor Cervantes voting no.

P.W./Annex Facility Chiller Unit P. O.

The Public Works Director, Mr. Ron Chegwidden, reviewed the alternatives for funding the emergency purchase of the chiller unit for the Annex building.   He also explained that because of the emergency nature of the replacement, it was necessary to purchase the higher costing unit since it was immediately available.   The County Administrator reviewed the balance in Contingencies explaining that it was slightly higher than previously reported due to the Auditor disencumbering some purchases.   He informed the Board that after the deduction for the chiller unit the balance in Contingences is $218,015.   Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to A) ratify the issuance of an emergency purchase order to The Trane Company of Fresno, California for the purchase of a sixty-ton chiller unit for the Annex facility in an amount not to exceed $35,201.93 and B) amend the FY 2005-06 County Budget by increasing appropriations in Deferred Maintenance Budget Unit 011501, Other Professional Services (Object Code #5265) by $38,201.93 and decrease appropriations in General Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $38,201.93 to cover the emergency purchase and installation.   Motion carried unanimously.

Recess/

Reconvene

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

Ag. Comm-Mosq. Abatement/ Benefit Assessment

The Chairperson opened the public hearing at 10:10 a.m., to consider the proposed continuation of the Owens Valley Mosquito Abatement Program Assessment and the Mosquito Control and Disease Prevention Assessment in order to receive input on the proposed continuation of the assessments, the proposed assessment budget for FY 2006-07, the services and programs, the assessment funds and any other issues related to the assessment.   Mr. George Milovich, Agricultural Commissioner, briefly reviewed the program and the proposed assessments.   He introduced a representative of SCI Consulting Group who prepared the Engineer’s Reports for Owens Valley Mosquito Abatement Program Assessment and for Mosquito Control and Disease Prevention Assessment, which includes the proposed budget for FY 2006-07 and the updated proposed assessment for each parcel in the program area.   The Board and Staff discussed the proposed budget and assessment fees.   There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:22 a.m.

Resol. #2006-31/ Mosq. Abatement Engineer’s Report

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-31 was adopted approving the Engineer’s Report, confirming the diagram and assessment for FY 2006-07 for the Owens Valley Mosquito Abatement Program Assessment and the Mosquito Control and Disease Prevention Assessment: motion unanimously passed and adopted.

County Counsel/ Ord. Codifying 2000 Measure A re: Reorganization of County Departments

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to waive the first reading of an ordinance entitled “ An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adding to the Inyo County Code the Provisions of Ballot Measure A as enacted by Initiative on March 7, 2000 Regarding Reorganization of County Departments and Offices” (version A); and schedule the enactment of the ordinance for 10:00 a.m., May 16, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors Meetings as follows: A) the Regular Meeting of April 18, 2006; B) the Regular Meeting of April 25, 2006; and D) the Special Joint Meeting of April 27, 2006.   Motion carried unanimously.   

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the minutes Board of Supervisors Special Meeting of April 26, 2006.   Motion carried unanimously, with Supervisors Arcularius and Cervantes abstaining.

Bishop City Council   Resol. Supporting TOT Increase

The Board acknowledged the City Council’s Resolution No. 06-05 which supports the County’s Ballot Measure to increase the Transient Occupancy Tax (TOT) by 3% to support law enforcement efforts in the County and thanked the City for their support.   The Board directed Staff to prepare a letter for the Chairperson’s signature to the City Council thanking them for their efforts.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a meeting in Highlands regarding traffic safety concerns, with an announcement that Caltrans will be placing additional cautionary signage near the entrance of Highlands on US 395, an update on the proposed car insurance rate increase, a report on the recent Washington, D.C. trip regarding Yucca Mountain, the CARMA project open house, a meeting with Congressman Lewis’ office regarding EPA funding for LORP, a report from County Counsel announcing the County has prevailed in the lawsuit regarding the Whitney Portal Preserve (Walters) project and the PERB claim filed by ICEA/AFSCME on the grievance process.

Closed Session

County Counsel announced that closed session Agenda Item No. 25. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Samuel Garcia and Juana Garcia v. County of Inyo and DOES 1 through 100, Inyo County Superior Court Case No. SICVCV-05-38559 was pulled from consideration.   The Chairperson recessed open session at 11:02 a.m., to convene in closed session, with all Board Members present, to consider Agenda Item 26.   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.

Report on Closed Session

The Chairperson recessed closed session at 11:55 a.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 11:55 a.m., to 9:00 a.m., Tuesday, May 16, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.