County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Rich White of the Independence Chamber of Commerce updated the Board on the Inyo County Cal Expo Exhibit. He presented the Board with a photo of the exhibit, as well as a copy of a Sacramento Bee article, which highlights Inyo County’s exhibit. On behalf of the Independence Chamber of Commerce, he volunteered to handle the exhibit next year and asked the Board to decide sooner rather than later on whether they wanted to sponsor an exhibit next year.

County Department Reports

The Chairperson announced the County Department Report period. Mr. Pat Cecil, Planning Director, notified the Board that the County’s Home Loan Grant Program is operational, with only one more step to be complete before it is totally implemented. He explained that the one remaining item is to have the Board designate the County Administrator as the responsible party for accepting and processing the checks. Mr. Tom Brooks, Water Director, updated the Board on the LORP Project. He notified the Board that the “rapid assessment” survey has been completed and recognized and thanked his Staff members Derik Olson, Irene Yamashita and Chris Howard for their efforts. Ms. Roberta Harlan, Museum Director, updated the Board on the transfer of portions of the Bell Flour Mill to the County and on collaborative projects scheduled with the Laws Railroad Museum. Sheriff Lutze informed the Board that the in-car video cameras have been installed in the patrol cars and are being used. Mr. Ron Chegwidden, Public Works Director, updated the Board on the Civil Air Patrol activities at the Eastern Sierra Regional Airport. He explained that they are using the Airport as their base of operations in their search for Steve Fossett. He noted that this and the Inyo Complex Fire underscore the importance of the Airport in times of crisis and informed the Board that there is a need to address Airport staffing during emergencies. Mr. Chegwidden went on to acknowledge the airport Staff for their dedication to duty during the recent emergencies. Mr. Kevin Carunchio, Deputy County Administrator, updated the Board on the status of the State Indian Gaming funds.

Introduction

Mr. Mark Johnson, Assistant District Attorney, introduced Mr. Gregory Borunda, Deputy District Attorney, to the Board.

Org./Wild Iris Domestic Violence Awareness Proclamation

Representatives of Wild Iris highlighted upcoming events that will help to bring the importance of domestic violence awareness to our communities. Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the proclamation declaring the month of October as Domestic Violence Awareness Month in Inyo County. Motion carried unanimously.

HHS-Workshop/ Wrap Around Services

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with all Board Members present to discuss with H ealth and Human Services and Probation Department personnel the proposal for a wrap around services program. The Chairperson recessed this workshop at 10:40 a.m.

BofS/Cal Fire Workshop

The Chairperson reconvened in a workshop at 10:55 a.m., with all Board members present, to discuss with Chief Tom O’Keefe of Cal Fire the fire hazard severity zone mapping and building changes. The Chairperson recessed the workshop at 12:00 p.m. to convene in closed session.

Closed Session

The Chairperson convened closed session, with all Board Members present to discuss and take action on Agenda Item No. 16. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code §54956.9(c) – Decision Whether to Initiate Litigation (two cases) – Plata, et al. v. Schwarzenegger, et al., U.S. District Court for the Northern District of California (San Francisco) No. 3:01-CV-01351-THE and Coleman, et al. v Schwarzenegger, et al., U.S. District court for the Eastern District of California (Sacramento) No. CIV S-90-0520 LKK JFMP.

Recess/

Reconvene

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

Public Comment

Mr. Bob Haueter of Congressman Buck McKeon’s Office, briefly addressed the Board to convey the Congressman’s greetings and thank the Board of Supervisors for accommodating his Office Hours in Independence by allowing him to use the Board’s Conference Room. The Board welcomed Mr. Haueter.

HHS-EMS/ Emergency Medical Care Committee Appointments

Moved by Supervisor Cash and seconded by Supervisor Cervantes to make the following appointments to the Emergency Medical Care Committee to fill unexpired terms ending December 31, 2008: (1) Judd Symons of Symons Emergency Specialties, Inc.; (2) Andrew Stevens, Northern Inyo Hospital; (3) Steven Davis, Olancha Cartago Fire Department; (4) Paul Postle, Southern Inyo Fire Protection District; (5) Mike Patterson, Sierra Life Flight; (6) Lloyd Wilson, Big Pine Fire Department; (7) Mykala Howard, Big Pine Fire Department; (8) Sandy Evans, Southern Inyo Hospital; (9) LeRoy Kritz, Lone Pine Fire Department; and (10) Jean Dickinson, Inyo County Health and Human Services Director. Motion carried unanimously.

P.W./Mendenhall Park Bid Rejection

Moved by Supervisor Cash and seconded by Supervisor Cervantes to reject all bids received for the Mendenhall Park Restroom Improvement Project. Motion carried unanimously.

P.W./Trona Wild-rose Rd. Plans & Specs

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the Plans and Specifications for the Trona Wildrose Road Improvement Project; and authorize the Public Works Director, to advertise for bids for the project. Motion carried unanimously.

P.W./MHA Environmental Consulting Contract Amendment

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve Amendment No. 3 to the Contract between the County of Inyo and MHA Environmental Consulting, Inc., increasing the Contract by $30,000 to a total not to exceed $210,000 for permitting assistance for the Schabbell Lane Resurfacing Project; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

P.W./Asphalt Materials P.O.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) declare Wulfenstein Construction Company as a sole-source provider of asphalt materials; and B) approve the purchase of asphalt materials from Wulfenstein Construction in an amount not to exceed $27,153. Motion carried unanimously.

Sheriff/Sun Ridge Systems Training P.O.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) declare Sun Ridge Systems a sole-source provider of RIMS/CAD/IN CUSTODY System training services; and B) approve a blanket purchase order to Sun Ridge Systems for on-site training of Sheriff’s personnel for the RIMS/CAD/IN CUSTODY System, in an amount not to exceed $16,500. Motion carried unanimously.

Resol. #2007-47/ FY 2007-08 Final Budget Approval

On a motion by Supervisor Brown and a second by Supervisor Cash, Resolution No. 2007-47 was approved adopting the Final Budget for FY 2007-08; motion unanimously passed and adopted. Moved by Supervisor Brown and seconded by Supervisor Cash to authorize the County Administrator to sign contracts with FY 2007-08 Grants-in-Support Program applicants for the funding amounts identified in the Budget; contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Integ. Waste./So. County Integ. Waste Operations

The Board and Staff discussed the Staff Report concerning the Integrated Waste Operations in south County. Mr. Chuck Hamilton, Deputy County Administrator, advised the Board that he had spoken with a representative of the BLM Ridgecrest Office, who had indicated that the Director was contemplating allocating some type of money to the County for waste hauling. He went on to say that should that happen the BLM has also indicated that they want additional services from the County, i.e., Household Hazardous Waste Events to be held in the southern part of the County.

Mr. Hamilton went on to say that in a conversation with Roxie Trost of the Barstow BLM Office, he had been advised that BLM has no intention of providing waste hauling services for the Dumont Dunes area, noting that this appears to be contrary to the information the public has been supplying to the County in previous discussions on this issue. The Board and Staff discussed the Staff Report, with Supervisor Cervantes reiterating his position that the people in south County are already underserved and the County has an obligation to provide this service. Supervisors Brown highlighted some of the services that are provided in the southern portions of the County, which include, health services, social services, mental health services, senior services, road crew, and law enforcement. Supervisor Cash mentioned the number of libraries in the District, noting that there are three libraries in the Fifth District and no libraries in the First or Third Districts. Supervisor Arcularius and Supervisor Bilyeu expressed a desire to not have the proposed meeting in South County if the majority of the Board is going to want to leave the operations status quo as recommended by Staff.

The Board and Staff went on to further discuss this issue with the Deputy County Administrator clarifying that the three viable options are (a) to leave the service as is, (b) to discontinue the service and require curbside pickup or private hauling to the dump, or (c) to turn the service over to CSD’s which would need to be created through the LAFCO process. The Board and Staff discussed Integrated Waste’s capitol improvement needs, regulatory compliance requirements, and overall program revenues and expenditures. Supervisor Cervantes questioned whether a Board decision to discontinue providing dumpsters would trigger an EIR/EIS under CEQA. Mr. Paul Bruce, County Counsel, clarified that without reviewing this specific project in most instances governmental services are exempt from CEQA. The Board talked about wanting to be able to make a decision on whether they will continue the service and directed that this item be agendized for next week as an action item. The Board also requested more updated information regarding the charges for the door-to-door service and the per capita figures as a result of the increase in the amounts of the Contracts for waste hauling in south County.

BofS/Minute Approval

Moved by Supervisor Arcularius and seconded by Supervisor Brown to approve the minutes of the August 28, 2007 Board of Supervisors meeting. Motion carried unanimously, on a four-to-one vote, with Supervisors Arcularius, Brown, Bilyeu and Cervantes voting yes, and with Supervisor Cash abstaining.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the September 4, 2007 Board of Supervisors Meeting. Motion carried unanimously.

BofS/Verizon Looped Phone Line

Supervisor Cash briefly explained the request for the Board to approve a letter to Senator Roy Ashburn, requesting his support of Mono County’s efforts to have Verizon complete the looped telephone system, in order to provide a reliable phone service for the Eastern Sierra, and provided the Board with a draft letter. Supervisor Arcularius asked that CSAC and RCRC be advised of this problem in order that they too might be able to help through their legislative processes. Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the letter to Senator Roy Ashburn supporting Mono Counties efforts to have Verizon loop the phone line through the Eastern Sierra, with copies to be provided to CSAC and RCRC. Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week including an IMAAA Board Meeting, the Drug Court Graduation, a Unified Command Meeting, a visit with Supervisor McQuiston from Kern County, a various constituent meetings, an Arts Council Meeting, an ESTA Board Subcommittee Meeting, an RCRC Conference call and legislative update, and a Big Pine Civic Club Meeting.

Closed Session

The Chairperson recessed open session at 2:35 p.m., to reconvene in closed session to discuss and take action as required on Agenda Items No. 17. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Save Round Valley Alliance v. County of Inyo, Inyo County Board of Supervisors; and Does 1 through 19, Jim Walters and does 20 through 40, Real Parties in Interest, Inyo County Superior Court Case No. CVPT 05-39748, U.S. Court of Appeals Case No. E041364; No. 18. PERSONNEL (Pursuant to Government Code §54957) – Public Employee Performance Evaluation – Title County Administrative Officer; No. 19. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code §54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Title County Administrative Officer – Negotiator – Members of the Board of Supervisors as designated; 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, Labor Relations Administrator Sue Dishion, Chief Probation Officer Jim Moffett, Deputy County Administrator Kevin Carunchio; and No. 21. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code §54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Inyo County Probation Peace Officers Association (ICPPOA); Negotiators – CAO Ron Juliff, Labor Relations Administrator Sue Dishion, Chief Probation Officer Jim Moffett, Deputy County Administrator Kevin Carunchio.

Report on Closed Session

The Chairperson recessed closed session at 4:25 p.m., to reconvene in open session to report on closed session. County Counsel reported that with regard to Item No. 16. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code §54956.9(c) – Decision Whether to Initiate Litigation (two cases) – Plata, et al. v. Schwarzenegger, et al., U.S. District Court for the Northern District of California (San Francisco) No. 3:01-CV-01351-THE and Coleman, et al. v Schwarzenegger, et al., U.S. District Court for the Eastern District of California (Sacramento) No. CIV S-90-0520 LKK JFMP, which is an action against the State of California and various State Officials challenging the constitutionality of the State Prison System, particularly the provisions of health and mental health services provided to prisoners; this matter is to be decided by three Federal Judges; the Board of Supervisors has authorized the County Sheriff William Lutze and the Chief Probation Officer Jim Moffett to intervene into this litigation to advise the Federal Court as to the impacts on Inyo County detention facilities and law enforcement if the Court were to order the immediate release of up to 40,000 State prisoners and establish a limit on the number of prisoners that can be incarcerated in State prisons.

Adjournment

The Chairperson adjourned the regular meeting at 4:25 p.m., to 9:00 a.m., Tuesday, September 18, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.