Board Minutes - April 26, 2005

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 8:30 a.m., on Tuesday, April 26, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present: Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard Cervantes. Supervisor Bilyeu provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance.

Public Comment	The Chairperson announced the public comment period and there was no one from the public wishing to address the Board.
County Dept. Reports	The Chairperson announced the County Department Report period. Ms. Jean Dickinson, Director of Health and Human Services, reminded the Board of the upcoming mental health planning meetings in Big Pine and Lone Pine. The County Administrator reported on a meeting he had attended in Tecopa, extending the participants request that the Board hold a Board of Supervisors meeting in Tecopa.
BofS/Board Appt.	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the 2005 Board of Supervisors appointments to reflect Supervisor Susan Cash as the appointee to the Northern Inyo Airport Advisory Committee and Supervisor Ted Williams as the Alternate. Motion carried unanimously.
Resol. #2005-19/ Juv. Justice Plan Modification	On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2005-19 was adopted, approving the County’s Comprehensive Multiagency Juvenile Justice Plan Modification and authorizing the Chief Probation Officer to sign and submit the Plan Modification; motion unanimously passed and adopted.
HHS-Behavioral Hlth./NAA State AODS Contract Amendment	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the 2004-05 First Amended Negotiated Net Amount (NAA) Contract with the State of California Alcohol and Drug (AOD) Program increasing the federal funds by $366; and authorize the Chairperson to sign. Motion carried unanimously.
HHS-AODS/ Benson Appt.	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to appoint Ms. Linda Benson, Assistant Director of Health and Human Services, as the Alcohol and Other Drug Administrator for Inyo County. Motion carried unanimously.
P.W./Tecopa Sec. Fence Bid	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to reject the Bid for the Tecopa Security Fence Project, submitted by Quality Fence Company, Inc., and authorize the Public Works Director to re-advertise for bids for the project. Motion carried unanimously.
Resol. #2005-20/ CCDEH Anniversary	On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2005-20 was adopted, recognizing and congratulating the California Conference of Directors of Environmental Health (CCDEH) for their 50 years of services: motion unanimously passed and adopted.
Resol. #2005-21/ LEA Grant	On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2005-21 was adopted, authorizing the submittal of the Local Enforcement Agency (LEA) Grant Applications for funding in an estimated amount of $17,700 per fiscal year, to the California Integrated Waste Management Board and authorize the Environmental Health Director to execute all necessary applications, agreements and amendments for the purposes of securing LEA grant funds for use in implementing the grant project: motion unanimously passed and adopted.
Ag. Comm./Wght. Truck for Mule Days	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize the use of the Weight Truck at the 2005 Mule Days Celebration on Sunday, May 29, 2005, for the Mule Pulling Competition. Motion carried unanimously.
Public Comment	At the request of a member of the audience, the Chairperson reopened the public comment period. Mr. Mike Prather, Lone Pine Resident, addressed the Board to oppose the closure of Haiwee and suggested the Board make sure that the closure was not arbitrary and capricious.
Ag. Comm/Acct. Clerk Position	Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to modify the current hiring freeze and authorize the filling of one vacant budgeted Account Clerk I position at Range 43 ($1,750 - $2,128). Motion carried unanimously.
Ag. Comm./ Budget Amend.	Moved by Supervisor Bilyeu and seconded by Supervisor Cash to A) amend the FY 2004-05 Agricultural Commissioner Budget Unit 023300 by increasing estimated revenue in Unrefunded Gas Tax (Revenue Code #4463) by $22,147 and increasing appropriations in Office Equipment Under $5,000 (Object Code #5232) by $5,000; and authorize the purchase of two replacement computer systems in an amount not to exceed $5,000; and B) amend the FY 2004-05 Agricultural Commissioner Building Trust Budget Unit 503302, by increasing revenue in Operating Transfers (Revenue Code #4998) by $17,147 and increasing appropriations in Agricultural Commissioner Budget Unit 023300, Operating Transfers Out (Object Code #5801) by $17,147. Motion carried unanimously.
Ag. Comm./ Budget Amend.	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the FY 2004-05 Eastern Sierra Weed Management Area Budget Unit 621300 by increasing estimated revenue in Aid From Other Agency (Revenue Code #4599) by $2,500 and increasing appropriations in General Operating Expense (Object Code #5311) by $2,500. Motion carried unanimously.
Ag. Comm./State Weed Management Contract	Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) approve the Agreement between the County of Inyo and the California Department of Food and Agriculture for the provision of weed management services for the period of May 1, 2005 through December 31, 2006, in the amount of $39,939.28, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Agricultural Commissioner to sign; and B) amend the FY 2004-05 Eastern Sierra Weed Management Area Budget Unit 62300 by increasing estimated revenue in State Other (Revenue Code #4499) by $39,939.28 and increasing appropriations in General Operating Expense (Object Code #5311) by $39,939.28. Motion carried unanimously.
E. Health/West Nile Virus Prevention Program	Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to: A) reinstate the West Nile Virus Disease Prevention and Response Plan; B) amend the FY 2004-05 County Budget as follows: (a) Mosquito Abatement Budget Unit 154101, increase revenue in County Contribution (Revenue Code #4562) by $11,000 and increase appropriations in General Operating Expense (Object Code #5311) by $11,000; (b) Environmental Health Budget Unit 045400, increase appropriations in Internal Charges (Object Code #5121) by $1,000, Professional Services (Object Code #5265) by $3,600, General Operating Expense (Object Code #5311) by $4,400; and (c) decrease General Fund Contingencies Budget Unit 087100, Contingencies (Object Code #5901) by $20,000 and increase General Revenues & Expenditures Budget Unit 011900, Other Agency Contributions (Object Code #5539) by $11,000; C) declare Adapco, Inc., as a sole-source provider of certain mosquito and vector control products; and D) authorize the purchase of mosquito abatement and vector control products as recommended by Staff from Adapco, Inc., in the amount of $11,000; Crystal Ice in the amount of $756; U.S. Foods in the amount of $2,200; Mosquito and Vector Control Association of California (MVCAC) in the amount of $3,600; and $2,444 to be used for supplies and shipping costs associated with sending mosquito pools to laboratory for analysis. Motion carried unanimously.
E. Health/Steve Frederickson Contract	Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Steve Frederickson for personal services to provide training to County employees as relates to vector-borne disease control, surveillance, public education and case investigation for vector-borne diseases, for the period of May 1, 2005, through November 30, 2005, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign. Motion carried unanimously.
E. Health/Budget Amendment	Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to amend the FY 2005-06 Solid Waste Enforcement Budget Unit 640404 by increasing estimated revenue in State Grants (Revenue Code #4498) by $219 and increasing Salaries (Object Code #5001) by $219. Motion carried unanimously.
Resol. #2005-22/ Rd. Closure	The Board and Staff discussed the proposed resolution regarding federal agencies notifying the County on the closure of public access roads. The Board and Staff discussed the nuances of the words “reasonable” as it related to timeframe for the notifications with the Board settling on the wording to be inserted as follows: “as soon as practical.” On a motion by Supervisor Arcularius and a second by Supervisor Cash, Resolution No. 2005-22 was adopted as amended to include in paragraph 1. on the first page “…or a notice of emergency road closure *as soon as practical,…”*, requesting federal agencies follow a local Inyo County notice procedure, when the closure of public access roads is contemplated: motion unanimously passed and adopted.
Probation/Office Manager Position	The request by the Probation Department for the Board to modify the hiring freeze by authorizing the filling of one vacant Office Manager position at the Juvenile Facility at a Range 54 ($2,208 - $2,685), was pulled from the Agenda at the request of the Department.
Sheriff/Vehicle P. O.	Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) approve and ratify the purchase of two 2005 Ford Expeditions from the low bidder Eastern Sierra Motors in the amount of $55,808.44 and authorize payment from the Sheriff’s AB443 funding; and B) amend the FY2004-05 Sheriff General Budget Unit 022700 by increasing estimated revenue in AB443 Sheriff (Revenue Code #4486) by $55,809 and increasing appropriations in Vehicles (Object Code #5674) by $55,809. Motion carried unanimously.
Sheriff/CO Equity Adjustment	Sheriff Dan Lucas, reviewed the request for an equity adjustment for the Correction Officer positions at the Jail. He reiterated that the staffing levels have reached a crisis stage, which has necessitated him, pulling patrol officers to man the jail. He highlighted the current staff levels and pending loss of Staff due to better offers and/or retirements in the near future. He acknowledged that the overtures of the Board to the ICEA to reopen the MOU to consider this adjustment had been turned down by the union membership. The Sheriff asked the Board to reconsider their previous actions and take the steps needed to enhance Correctional Officers career opportunities at the Jail to improve his prospects of staffing the jail at sufficient levels to release deputies back to patrol duty. The Sheriff thanked the surrounding law enforcement community, City of Bishop Police, California Highway Patrol and the Fish and Game Wardens for their backup during this emergency and expressed his concern for the public’s safety and welfare if this situation is not remedied. The Board Members expressed their individual positions on proceeding with the Sheriff’s recommendations, including their overriding concerns for public safety. The County Administrator and County Counsel requested that prior to the Board taking action on the Sheriff’s request that Staff have the opportunity to draft a resolution for the Board’s consideration to ensure that all of the pertinent findings are made with regard to declaring an emergency in order to implement a change in pay for the Correctional Officer job classification. The County Administrator suggested the Board continue with the remainder of the Agenda and address this action later in the meeting.
Recess/ Reconvene	The Chairperson recessed the regular meeting at 10:30 a.m., reconvening at 10:40 a.m., with all Board Members present.
BLM/Regional Land Tenure	Mr. Bill Dunkleberger of the BLM and representing the Owens Valley Interagency Committee made a presentation on Regional Land Tenure. The Board and Mr. Dunkleberger discussed the best forum for the continuation of this concept with the conclusion being reached that the Collaborative Planning Team should agendize this for discussion at their next meeting.
Transit Prgm./ Bpar Driver Position	Moved by Supervisor Arcularius and seconded by Supervisor Cash to modify the hiring freeze and authorize the filling of one Bpar Transit Driver III position for the Bishop area at Range 43 ($1,750 - $2,128). Motion carried unanimously.
County Counsel/ Gallagher & Gallagher Contract	Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Agreement between the County of Inyo and Gallagher and Gallagher, Attorneys at Law for the provision of legal services related to the investigation and determination of discrimination, harassment and misconduct in the workplace at the rate of $75 per hour for investigatory services and $185 an hour for legal services in an amount not to exceed $10,000 for the period of April 26, 2005, through December 31, 2005, contingent upon the Board’s adoption of a FY 2005-06 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.
BofS/Haiwee Reservoir Closure	The Board discussed the closure by DWP of Haiwee Reservoirs due to security reasons. The individual Board Members discussed the closure and the level of the County’s involvement in this closure. Supervisor Arcularius noted the Department of Water and Power’s continuing support to keep their lands located in the Owens Valley open and accessible to the public and felt that in this one instance the County should not comment on the Department’s decision to close the reservoirs. Supervisor Cervantes expressed his concern with the closure and the people’s right to have these waters remain open for fishing and suggested the Board request the Department find a way to keep it open while addressing their security concerns. The Board continued to discuss this issue with Supervisors Williams and Cash indicating their understanding of the Department’s need to address their Homeland Security issues. Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to recommend to the City of Los Angeles Department of Water and Power to look into and consider alternatives to secure the Haiwee Reservoirs while leaving the waters open for fishing. Motion failed on a two-to-three vote, with Supervisors Cervantes and Bilyeu voting yes and with Supervisors Arcularius, Cash, and Williams voting no.
BofS/Minute Approval	Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the minutes of the Board of Supervisors Meeting of the April 12, 2005. Motion carried unanimously.
Recess/ Reconvene	The Chairperson recessed the regular meeting at 11:40 a.m., to reconvene at 12:50 p.m., with all Board Members present.
Sheriff/CO Equity Adjustment	The Staff presented the Board with a resolution entitled “Resolution of the Board of Supervisors, County of Inyo, State of California, Declaring an Emergency Necessitating an Increase in Compensation for Correctional Officers.” The Board members reiterated their individual positions, with the consensus of the Board being that ensuring the publics’ safety remains their primary responsibility as elected officials. They sited (a) the fact that staffing levels have reached a crisis stage at the Jail; (b) Patrol Officers have been reassigned which has severely depleted the numbers of patrols available to provide Sheriff law enforcement activities throughout the County; and (c) as a result public safety is at risk; as the reasons for supporting the Sheriff’s recommendations. On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2005-23 was adopted which declares an emergency which necessitates an increase in compensation for Correctional Officers and authorizes the equity adjustment of the Correction Officer position from ranges 52, 56, 59 to Range 64 ($2,846 - $3,460); and directs Staff to develop a recruitment incentive program of $1,500 for new Correctional Officers who successfully complete existing probation requirements to be returned for Board consideration; motion unanimously passed and adopted. The Sheriff offered his thanks to the Board for this action and their support in this emergency.
HHS Behavioral Hlth. Workshop	The Chairperson recessed open session at 1:05 p.m., to convene in a workshop with representatives of the Health and Human Services Department regarding Behavioral Health Services revenue. The Chairperson recessed the workshop at 1:45 p.m., to immediately convene in closed session, with all Board Members present.
Closed Session	The Board met in closed session to discuss Agenda Items No. 28. *CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §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; No. 29. *PENDING LITIGATION [Pursuant to Government Code §54956.9(a)] - PRIVAconference with legal counsel [Existing litigation]* - Ellen Mannatt, Robert Mannatt, Bruce Mather and Mary Mairs v. United States of America, et al., Inyo County Superior Court Case No. 22697; No. 30. *CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)]* - Harold W. Butterbredt v. Inyo County Sheriff’s Department and Correctional Officer Thompson, Inyo County Superior Court Case No. SICVCV04-36910; No. 31. *CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)]* - Sousa v. Ralston, Inyo County Superior Court Case No. 04-37772; No. 32. *PERSONNEL [Pursuant to Government Code §54957]* - Public Employee Appointment - Title: Water Department Director; No. 33. *PERSONNEL [PURSUANT TO GOVERNMENT CODE §54957]* - Public Employee Appointment Title: Director of Public Works; No. 34. *CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6]* -Instructions to Negotiators re: Wages, salaries and benefits - Title: Director of Public Works - Negotiator: Members of the Board of Supervisors as designated; No. 35. *CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6]* - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: Deputy Sheriff’s Association (DSA) – Negotiators - CAO Ron Juliff, Chief Probation Officer Jim Moffett; and No. 36. *CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)]* – Inyo Citizens for Better Planning v. Inyo County; Inyo County Board of Supervisors et al., Inyo County Superior Court Case No. SICVPT05-38164 (1).
Report on Closed Session	The Chairperson recessed closed session at 4:35 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 4:35 p.m., to 9:00 a.m., Tuesday, May 3, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

________________________________________ Chairperson, Inyo County Board of Supervisors

Attest: RONALD JULIFF
Clerk of the Board

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