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, October 17, 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. Dana Jeffries, Lone Pine Resident, introduced himself to the Board, explaining that he is a relatively new resident of the Owens Valley, having only lived here for about a year and a half and explaining that he is a member of the Lone Pine Chamber of Commerce Board of Directors.  

County Dept. Reports

The Chairperson announced the County Department Report period.   Mr. Brandon Shults, Information Services Director, updated the Board on the Network and Financial Systems Projects.   Mr. Kevin Carunchio, Deputy County Administrator, provided the Board with literature marketing the Gulag Exhibit.  

Introduction

Mr. Art Maillet, District Attorney, introduced Ms. Sandra Fernandez, Victim Witness Coordinator in the District Attorney’s Office, to the Board.

CAO-Purchasing/ Pay Last Fiscal Year Invoices

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve paying FY 2005-06 Sierra Office Supply invoices from FY 2006-07 funds, in the amount of $3,802.59.   Motion carried unanimously.

Integ. Waste/H.J. Industries P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve a purchase order to H. J. Industries of Los Angeles in an amount not to exceed $17,994.25 for the reconditioning of four landfill compactor wheels and the installation of new compaction cleats.    Motion carried unanimously.

CAO-Personnel/ Leave of Absence

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve a leave of absence without pay for a period of up to 90 days beginning October 9, 2006 through January 9, 2007 in accordance with Article 808(a) of the Inyo County Personnel Rules and Regulations.   Motion carried unanimously.

Library/State Librarian Letter re: Qualifications

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve a letter to the State Librarian seeking permission in advance to recruit and appoint a Library Director who may not meet all of the State’s requirements and authorize the Chairperson to sign.   Motion carried unanimously.

Child Support/ Telephone P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the purchase of new telephones from MCSnetZone in an amount not to exceed $5,446.13.   Motion carried unanimously.

HHS-Behavioral Hlth./Wellness Center Site Negotiations

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize initiating negotiations of a lease between the County of Inyo and Elm Tree Trailer Park for property at 587 Third Street in Bishop as well as information that will facilitate the pursuit of a wellness center site.   Motion carried unanimously.

HHS-Mental Hlth./State Performance Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify and approve the Mental Health Performance Contract between the County of Inyo and the State Department of Mental Health for the provision of County mental health services for July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign.   Motion carried unanimously.

Resol. #2006-52/ Drug Suppression

Task Force Grant

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-52 was approved, authorizing the submittal of the reapplication for Inyo County Drug Suppression Task Force Grant to the Office of Emergency Services for FY 2006-07; and authorize the District Attorney to sign: motion unanimously passed and adopted.

Resol. #2006-53/ Statutory Rape/ Vertical Prosecution

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-53 was approved, authorizing the submittal of the reapplication of the Statutory Rape Vertical Prosecution Grant to the Office of Emergency Services for FY 2006-07; and authorize the District Attorney to sign: motion unanimously passed and adopted.

Resol. #2006-54/ Victim Witness Grant

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-54 was approved, authorizing the submittal of the reapplication for Inyo County Victim/Witness Grant to the Office of Emergency Services for FY 2006-07; and authorize the District Attorney to sign: motion unanimously passed and adopted.

P.W./Materials Acceptance Testing Contract for ESRA Access Road and Dehy Park Projects

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to rescind the award of the Contract for Materials Acceptance Testing Services for the Eastern Sierra Regional Airport Access Road Construction Project and for Phase I of the Dehy Park Improvement Project to Sierra Geotechnical Services, Inc., in the amount of $22,000; and ratify and award the Contract for Materials Acceptance Testing Services for the Eastern Sierra Regional Airport Access Road Construction Project and for Phase I of the Dehy Park Improvement Project to Eastern Sierra Engineering in the amount of $22,000; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

P.W./Calif. Engineering Contract Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve Amendment No. 1 to the Contract between the County of Inyo and California Engineering Company, Inc., extending the term of the Contract from October 31, 2006 to March 31, 2007 and amending the Schedule of Fees; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.    Motion carried unanimously.

Sheriff/Identix Maintenance Agreement

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify and approve of the Maintenance Agreement between the County of Inyo and Identix, Inc., for the provisions of services and maintenance of Identix Equipment 9/5 coverage in an amount not to exceed $11,674 for the period of July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign.   Motion carried unanimously.

CAO-ACR/ Workshop

The Chairperson recessed open session at 9:10 a.m., to conduct a workshop with County Administrative Staff, Advertising County Resource Grant recipients and the public to discuss options for improving the Advertising County Resources Program by reviewing program options and considerations identified by Staff and those that may be forthcoming from the Grant recipients and the public during the workshop; and to provide direction to Staff as to which Program option or options the Board would like to see developed in greater detail.    The Chairperson recessed the Workshop at 10:00 a.m., announcing that the Workshop would be reconvened at the conclusion of the Board’s 10:00 a.m., public hearing.   The Chairperson reconvened in open session at 10:05 a.m., with all Board Members present.

Ag. Comm/ Weighing and Measuring Device Fees

The Chairperson opened the public hearing at 10:05 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Inyo County Ordinances No. 629 and 965 Dealing with Weighing and Measuring Device Inspection and Fees, in Order to Reflect AB 889 (Chapter 529 2005 Legislation) Authorizing the County Board of Supervisors to Charge Point-of-Sale Inspection Fees and Annual Registration Fees and Setting Maximum Fee Limits.”    The Agricultural Commissioner briefly reviewed the Staff report and recommendations.   There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:15 a.m.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to waive the first reading of the ordinance and schedule the enactment for 10:00 a.m., November 7, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

CAO-ACR/ Workshop

The Chairperson recessed open session at 10:15 a.m., to reconvene in a Workshop with all Board Members present to continue discussions with County Administrative Staff, Advertising County Resource Grant recipients and the public to discuss options for improving the Advertising County Resources Program by reviewing program options and considerations identified by Staff and those that may be forthcoming from the Grant recipients and the public during the workshop; and to provide direction to Staff as to which Program option or options the Board would like to see developed in greater detail.    In order to continue the discussions regarding Advertising County Resources, the Board scheduled a Special Meeting, October 31, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence from 9:00 a.m., to 3:00 p.m.   The Chairperson recessed the workshop at 12:25 p.m., to reconvene in open session at 1:00 p.m., with all Board Members present.

Sheriff-VSO/ Computer P.O.

The Sheriff informed the Board that the request to purchase computers, and subsequent Sheriff requests for authority to purchase in-car video systems and forensic equipment are being paid through the RAN funds.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to authorize the purchase of five standard desktop personal computers for the Sheriff’s Department from Dell in an amount not to exceed $6,673.   Motion carried unanimously.

Sheriff-VSO/

In-Car Video Systems

Moved by Supervisor Arcularius and seconded by Supervisor Williams to declare Mobile-Vision, Inc. a sole-source provider of in-Car Video systems and approve the purchase of two Mobile-Vision in-Car Video Systems for the Bishop Police Department from L3 Communications in an amount not to exceed $7,339.    Motion carried unanimously.

Sheriff-VSO/

Omniprint P. O.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) approve the purchase of Omniprint 1000B Alternate Light Source from Lynn Peavey Company in an amount not to exceed $12,054; and B) amend the FY 2006-07 Veteran Service Office budget Unit 05660 by increasing appropriations Other Equipment >$5000 (Object Code #5670) by $2,254 and decreasing appropriations in General Operating (Object Code #5311) by $2,254. Motion carried unanimously.

Sheriff-VSO/

Purair P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize the purchase of Purair 20 Advanced Forensic Chemical Process Ductless Fume Head from Air Science USA in an amount not to exceed $5,434; and B) amend the FY 2006-07 Veteran Service Office Budget Unit 056600 by increasing appropriations in Other Equipment >$5,000 (Object Code #5670) by $234 and decreasing appropriations in General Operating (Object Code #5311) by $234.   Motion carried unanimously.

P.W./Reata Rd. Speed Limit

The Chairperson opened the public hearing at 1:05 p.m., on a proposed ordinance establishing 45 miles per hour as the Prima Facie Speed Limit on Reata Road.   Mr. Ron Chegwidden, Public Works Director, confirmed that a “Traffic and Engineering Study” of Reata Road had been conducted and the results indicated that in order to protect the safety of those using the roadway, including pedestrians a 45 mph speed limit was warranted.   There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 1:10 p.m.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to waive the first reading of the ordinance and schedule the enactment for 10:30 a.m., on Tuesday, November 7, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence.   Motion carried unanimously.

Rd. Dept./Snow Removal Policy

The Board and Staff reviewed the draft Snow Removal Policy in detail and at length.   Mr. Chegwidden responded to questions from the Board on several items including (a) the goals and intent of the policy, with Supervisor Cash expressing concern with the use of the term equality and its ability to be misinterpreted; (b) priorities set by the policy; (c) levels of operations; and (d) specific procedures for emergencies and various mountainous areas.   The Board and Staff reviewed two emails, copies of which were provided by Staff and Supervisor Arcularius, regarding specific requests for snow removal priorities in the Aspendell area.  

Mr. Gary Olson, Owner of Bishop Creek Lodge, addressed the Board to provide additional information about the South Lake area.   He explained that there is a “catch 22” concerning the USFS parking lot in that the policy says the snow will not be removed until the USFS opens the gate and the USFS policy is to not open the road (gate) until the snow is removed.   Mr. Olsen went on to express his concern with the reference to “four feet” as the depth of snow, which will not permit snow removal.   He explained that it could be well into the season before the snow would

melt to that depth on its own.   He went on to say that while opening the South Lake Road is traditionally a priority, his concern is in memorializing that number, which may lead to delays in the opening of the Road which would seriously impact the economy of the area, thus impact the County’s revenues from Sales Tax and TOT.

The Board identified the Forest Service’s closing of a County road without authorization as a concern and indicated that they would further discuss this when the final Snow Removal Policy is considered.   Mr. Gene Mathern suggested the County consider using volunteer help to implement an expanded Snow Removal Policy.   Mr. Chegwidden indicated that he would take the Board’s comments, as well as those garnered from the public into consideration and present a final Snow Removal Policy for Board consideration in the near future.   Prior to ending the discussion, Supervisor Arcularius queried the Public Works Director on whether he had talked with members of the public who were in the audience earlier in the day to address this issue and who could not stay until the item was discussed.   Mr. Chegwidden confirmed the discussions, indicating that he would also consider the concerns noted by those members of the public when revising the policy.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 2:42 p.m., to reconvene at 2:50 p.m., with all Board Members present.

County Counsel- Rd. Dept./ RS2477 Rights on County Roads Affected by Desert Protection Act

Mr. Ron Chegwidden, Public Works Director and Road Commissioner, addressed the Board regarding the request to consider documentary evidence and public comments and make findings, if appropriate, under County of Inyo Resolution No. 2002-36 supporting assertion of Revised Statute 2477 claims for the following roads in the County maintained mileage system; Last Chance Road; Lost Section Road-South; Old Toll Road; Padre Point Road; Petro Road and Santa Rosa Road, and including Coyote Canyon Road; both sections of the Death Valley Road; Eureka Valley Road; S. Eureka Valley Road; Furnace Creek Wash Road; Last Chance Road; Lost Section Road; Nadeau Road; Saline Valley Road; Surprise Canyon Road; Ubehebe Road; Waucoba Saline Road.  

Mr. Chegwidden explained that as a result of further research on the above referenced roads, it has been determined that only the following roads are being recommended for RS2477 claims because they are County Roads which are being affected by “wilderness designation” closures and are affected by the Desert Protection Act’s statute of limitations:   Last Chance Road, Last Chance Road Easement, Lost Section Road-South, Padre Point Road and Petro Road.   Mr. Chegwidden provided the Board with additional information regarding the five roads which confirmed that the County’s records show reference to the roads on the road register prior to 1976, on USGS maps and on the County’s maintained mileage system; that it has been determined that the five roads are either currently closed or subject to wilderness closure; and provided detail regarding the compelling reasons to preserve the roads or the use of the roads which are the criteria identified in Inyo County Resolution #2002-36 for the County to assert its rights under RS2477.

The following members of the public supported the Board asserting the County’s rights regarding these roads:   Steve Toomey, Greg Weirick, Bill Gossett, John Stewart, Ron Schiller, Sophia Merk, Dana Jeffries, Mary Grimsley, Dave Mattovich, and Ron Bennett.    Several of the speakers requested that the Board add a number of the roads originally listed for consideration.   The Board and Staff reiterated that the reason for moving forward on the five identified roads was because they were the only ones listed which were (a) within the County’s maintained mileage system and/or are referenced on road registers prior to 1976; and (b) being affected by the Desert Protection Act Statute of Limitations.    Jason Fried and Tom Budlong addressed the Board to support the wilderness designations for these roads.  

Recess/

Reconvene

The Chairperson recessed open session at 4:20 p.m., to reconvene at 4:30 p.m., with all Board Members present.

County Counsel- Rd. Dept./ RS2477 Rights on County Roads Affected by Desert Protection Act

The Board and Staff continued to discuss the recommendation to assert the County’s RS2477 claims on Last Chance Road, Last Chance Road Easement, Lost Section Road-South, Padre Point Road and Petro Road.   The Board Members expressed their concern with the Federal government taking County roads without “due process,”explaining that the disposition of these roads is a right that belongs to the County on behalf of its citizens.   They went on to express their concern that the government’s actions are tantamount to a “government taking” which is unacceptable to the people of Inyo County.   Supervisor Williams supported the County asserting its RS2477 rights on these roads.   He echoed sentiments expressed by Supervisor Bilyeu regarding concern for the cost to the County to pursue litigation.   Supervisor Williams expressed grave concern for the fiscal impact to the County and in a desire to ensure that the public was aware of the cost impacts, went on to request that County Counsel review the cost estimates for this endeavor, as well as the possible results,   even if the County wins such an action.   County Counsel explained that this type of litigation which could ultimately end up before the Supreme Court can cost $300,000 and $400,000 and there are provisions which would allow the Federal government to, should they lose, pay the County a fair market value, which could be considerably less than the cost of the litigation, for the roads and thus, retain control of the roads.  

The Board continued to discuss protecting the self-governance of local jurisdictions and the need for the County to assert RS2477 claims for the five roads which were clearly identified as belonging to the County and which were being denied access by the Federal government.   The Board also discussed their concern for the National Park Service’s lack of communication and regard for local concerns on this issue, as well as their inability to produce boundary maps of the Death Valley National Park to provide the necessary information to users of the Park to determine appropriate access.   Supervisor Arcularius queried the audience, asking if there was a representative from the National Park Service present.   She asked that the record reflect that there was no representative present.   The Board continued to discuss the need for the County to protect the its road rights from Federal governmental taking.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to make the necessary findings 1, 2, and 3 as listed in the additional information regarding Last Chance Road Easement.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to make the necessary findings 1, 2, and 3 as listed in the additional information regarding Last Chance Road.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to make the necessary findings 1, 2, and 3 as listed in the additional information regarding Lost Section Road-South.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to make the necessary findings 1, 2, and 3 as listed in the additional information regarding Padre Point Road.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to make the necessary findings 1, 2, and 3 as listed in the additional information regarding Petro Road.    Motion carried unanimously.

P.W./Dehy Park Improvement Project

The Public Works Director, provided the Board with an analysis of the bids received for Phase I of the Dehy Park Improvement Project, noting Staff’s recommendation to award the Contract to the low bidder, Denboer Engineering and Construction.   Mr. Chegwidden explained that if the Contract for this project was not awarded, the County could be in jeopardy of losing the Sierra Cascade Grant funds for the project.   He also went on to add that the high bidder has formally requested that both the low bidder and the second low bidder be disqualified because of their lack in providing what the high bidder says is a requirement of the bid.  

Mr. Chegwidden provided additional information and further clarification on the omissions of the low bidders responses, explaining that the County reserves the right to waive certain non-essential bid requirements.   The Board expressed concern with changing bid requirements, while recognizing the need to not loose funding for the project.   County Counsel provided clarification on the omissions by explaining that the Contractor has submitted a bid to perform the work per the specifications, should they seek an amendment because they are unable to provide the work, it is within the Board’s discretion to assess a monetary penalty.   County Counsel also suggested that the Board approve the Contract contingent upon the Contractor providing the required information.  

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to declare the low bid for Phase I of the Dehy Park Project from Denboer Engineering and Construction, Inc., as responsive and award and approve the Contract between the County of Inyo and Denboer Engineering and Construction, Inc., for Phase I of the Dehy Park Project in the amount of $634,310, contingent upon the Contractor providing the information required by the RFP, 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 change orders, to the extent permitted by Public Contract Code 20142, and other applicable law.   Motion carried unanimously.

Resol. #2006-55/ Yucca Mt. License Support Procedures

Supervisor Cash requested that two minor clerical errors be corrected on the resolution, which were to add a letter to the word “available” and to correct the spelling of the last name of the Assistant Clerk on the Attest line.   On a motion by Supervisor Cervantes and a second by Supervisor Williams, Resolution No. 2005-55 was adopted as corrected, approving the Inyo County License Support Network Procedures and designate Matt Gaffney, Yucca Mountain Repository Assessment Office (RAO) as the Responsible Official for the submittal of documents to the License Support Network on behalf of the County: motion unanimously passed and adopted.

CAO-Info Serv./ Suddenlink Comm. Contract

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to declare Suddenlink Communications as a sole-source provider for fiber optic routes for County facilities relative to the County of Inyo Network Project; and approve the agreement between the County of Inyo and Suddenlink Communications for the provision of fiber optic telecommunication routes in an amount not to exceed $66,636 for installation and $29,400 for annual use contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the minutes of the Board of Supervisors Meetings of A) the Special Meeting of October 9, 2006; and B) the Regular Meeting of October 10, 2006.   Motion carried unanimously.

Water Dept./LORP Implementation Workshop

The Chairperson recessed open session at 6:15 p.m., to convene in a workshop with the Water Director and the County Administrator to receive an update on the Status of Negotiations with the Los Angeles Department of Water and Power Staff concerning the post-Implementation Plan of the Lower Owens River Project.    The Chairperson recessed the workshop at 6:45 p.m., to reconvene in open session to receive Board Members and Staff Reports.

Board Members and Staff Reports

The Board Members chose to postpone their Board Member reports due to the late hour and the need to meet in closed session.

Closed Session

The Chairperson recessed open session at 6:45 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 31.   CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (c) – Decision whether to initiate litigation (six cases).   expanded to (19 cases); No. 32.   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; and No. 33.   CONFERENCE WITH LABOR NEGOTIATOR[Pursuant to Government Code §54957.6] – Instructions to Negotiators re: wages, salaries and benefits, Employee Organization: Elected officials Assistant Association (EOAA) – Negotiators:   CAO Ron Juliff, and Personnel Analyst Sue Dishion.

Report on Closed Session

The Chairperson recessed closed session at 7:25 p.m., to reconvene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 31.   CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9 (c) – Decision whether to initiate litigation (six cases) which was expanded to include 19 cases, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, authorized and directed the Office of County Counsel to initiate litigation against the U.S. Government and its agencies, regarding a road right-of-way under RS2477 on the following roads:   Last Chance Road, Last Chance Road Easement, Lost Section Road-South, Padre Point Road and Petro Road.

Adjournment

The Chairperson adjourned the regular meeting at 7:25 p.m., to 9:00 a.m., November 7, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.