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, August 15, 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 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 and there were no reports forthcoming.

District-Olancha CSD/Planning Fee Waivers

Ms. Melinda Salmonds of the Olancha Community Services District provided additional information and further justification for the waiver of Planning Fees concerning a Parcel Merger.   Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to waive the Planning fees for a Parcel Merger, General Plan Amendment and Zone Change in the amount of $2,924.   Motion carried unanimously.

CAO-Budget-GIS Allocations

Mr. Kevin Carunchio, Deputy County Administrator, reviewed the request to consider funding the Grants-in-Support Program for FY 2006-07.   He explained that there is a dedicated funding source for this year’s allocation through a grant to the County from the Indian Gaming Community Benefit funds.   Supervisor Arcularius expressed a desire to see the additional funds allocated to the Arts Council for the purchase a tent, which could be utilized free of charge by the County.   Supervisor Cash expressed a desire to see the extra funds be allocated to Wild Iris.   She explained that several years ago Wild Iris had reduced their request for County funding and since that time the reduced amount had became the funding level for the organization.   Supervisor Bilyeu said that he did not want to make the organizations compete with each other for the extra money and suggested that the amount be divided equally between all of the organizations.   Supervisor Williams recognized the needs of all of the organizations and agreed with Supervisor Bilyeu’s suggestion that the extra funds be split equally between the organizations.   Representatives of the Inyo Council for the Arts, Wild Iris and Child Care Connection addressed the Board to thank them for their continued support and to also thank the Paiute Palace for their support.   Supervisor Arcularius took the opportunity to note that should the Indian Gaming funds not be available next year for this purpose, the County will again be in the situation where General Fund dollars will be needed if the GIS Grant Program is to continue. Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize the County Administrator to sign contracts with the agencies applying for FY 2006-07 Grants-in-Support Program grant funds in an amount equal to the organizations FY 2005-06 allocation plus one sixth of the remainder of the funds to equal $100,000, contingent upon the Board’s adoption of a FY 2006-07 Budget and the appropriate signatures being obtained.   Motion carried unanimously.

CAO-Budget-Adv. County Resources Allocations

Mr. Kevin Carunchio, Deputy County Administrator, reviewed the request for consideration of preliminary funding of the Advertising County Resources Program for FY 2006-07.   Mr. Carunchio explained that the Advertising County Resources Program is funded in its entirety through General Fund dollars.   He responded to questions from the Board regarding the current amount budgeted for this program.   Ms. Tawni Thompson of the Bishop Chamber of Commerce and Ms. Arlene Grider of the Independence Chamber of Commerce addressed the Board to provide information on their respective Chambers activities.   They responded to questions from the Board regarding the membership dues, revenue generated from outside events and the membership numbers.   Supervisor Cervantes indicated that he was available to respond to questions regarding the Lone Pine Chamber of Commerce, the Death Valley Chamber of Commerce and the Lone Pine Film Festival in lieu of Chamber representation.   Supervisor Cervantes advocated for the Chambers, but did not have the answers to the questions being asked by the Board.  

The Board discussed in some detail the Film Festival’s website, with Supervisor Arcularius expressing concern with the sparseness of the pictures being presented as possible film sites.   It was the consensus of the Board that those organizations who were not present to respond to the Board’s questions should not be funded at the same level as those present.   Supervisor Cash indicated that she would be willing to wait until after the November election to determine the status of the County’s budget before allocating General Fund dollars to this grant program.   Supervisor Cervantes disagreed with penalizing those organizations not present, saying they may have valid reasons for not attending.   Supervisor Arcularius clarified that she was not penalizing organizations, that she had concerns with allocating taxpayers dollars when she had unanswered questions on how those dollars were spent.   The Board continued to discuss funding levels and percentages for the preliminary funding of Advertising County Resources organizations.    Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize the County Administrator to sign contracts with the Advertising County Resources Program recipients in the amounts as follows:   the Independence and Bishop Chambers of Commerce at 33% of the FY 2005-06 Advertising County Resources allocation and the remaining organizations at 25% of the FY 2005-06 allocation, contingent upon the Boards adoption of a FY 2006-07 Budget and the appropriate signatures being obtained.   Motion carried unanimously, with Supervisor Cervantes absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:23 a.m., to reconvene at 10:30 a.m., with all Board Members present, except Supervisor Cervantes who had excused himself from the remainder of the meeting because of a previous family commitment.

HHS-Soc. Serv./ General Relief Ordinance

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to waive the first reading of an ordinance that will repeal Ordinance 967 and amend Chapter 7.64 the Inyo County Code Pertaining to General and Emergency Relief to implement additions and changes to the Inyo County Standards and Regulations for General Assistance; and schedule the enactment of the ordinance for 10:00 a.m., September 5, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously, with Supervisor Cervantes absent.

Water Dept./ LORP Post Implementation Negotiators

Mr. Tom Brooks, Water Director, provided additional information and further justification for the request to designate the County Administrator and himself as the County’s representatives to negotiate the costs in relation to the LORP Post Implementation Agreement.   Supervisor Arcularius suggested that the Agricultural Commissioner be added to the team.   The Board and Staff discussed this suggestion.   Mr. Brooks explained that he envisioned utilizing a variety of County personnel as needed throughout the negotiations process, which would include the Ag Commissioner.   The Board requested that they be kept informed as the process proceeds and asked that prior to the final recommendation being brought before the Board that both the Water Commission and the Agricultural Advisory Commission be provided the opportunity to review the recommendation.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to designate the County Administrator and the Water Director as the County’s representatives to negotiate the Post-Implementation Agreement regarding the post-implementation costs for the LORP.   Motion carried unanimously, with Supervisor Cervantes absent.

Water Dept./ LORP Supple- mental EIR

Mr. Tom Brooks, Water Director, provided additional information and further justification for the recommendation that the Board defer consideration of the certification of the Supplemental EIR on the impacts of the LORP on the “brine pool transition area.”   Mr. Greg James, Special Counsel, provided additional information, confirming that the Board of Supervisors is required to take action on the EIR.   He went on to explain that the recommendation to defer certification until the Court made the determination on whether it is legally adequate, is an appropriate action.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to defer consideration of the certification of the Supplemental EIR that addresses the impacts of the Lower Owens River Project (LORP) on the “brine pool transition area” until it is determined by the Inyo County Superior Court that the Supplemental EIR is legally adequate.   Motion carried unanimously, with Supervisor Cervantes absent.

Parks/Alpers Trout Planting Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Alpers Trout LLC for trout planting services in the various creeks and streams within the County operated campgrounds, in an amount not to exceed $8,500 for the period of August 15, 2006 through June 30, 2007, 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, with Supervisor Cervantes absent.

Integ. Waste/ Ridgecrest Landfill Use Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Land Use Agreement between the County of Inyo and Kern County and authorize the payment of an annual fee of $7,067 to Kern County to allow for the disposal of solid waste generated within the most southern area of Inyo County at the Ridgecrest Sanitary Landfill for the period of July 1, 2006, through June 30, 2009; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cervantes absent.

Integ. Waste/ Sierra Conservation Project

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Land Use License Agreement between the County of Inyo and Sierra Conservation Project for the use of dedicated location at the Bishop-Sunland Landfill for a curbside recycling material processing center; and authorize the Chairperson to sign.   Motion carried unanimously, with Supervisor Cervantes absent.

Emergency Serv./GPS Tracking and Night Vision Camera P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) declare Law Enforcement Associates a sole-source provider of a GPS Tracking System Platinum Package and accessories and authorize the purchase of the Platinum Package and accessories from Law Enforcement Associates in an amount not to exceed $7,925 plus tax and shipping; and B) declare Crime Point a sole-source provider of SunStar 300 Night Vision Security System Camera and accessories and authorize the purchase of the Camera and accessories from Crime Point in an amount not to exceed $1,850 plus tax and shipping.   Motion carried unanimously, with Supervisor Cervantes absent.

Clerk/Sequoia Voting System Prepayment Authorization

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to authorize making a payment to Sequoia Voting Systems in the amount of $12,000 (estimated as ½ of the total printing cost for the November 7, 2006 election) prior to receipt of printed election materials in order to obtain a discount of 3% on the total cost of printing election materials.   Motion carried unanimously, with Supervisor Cervantes absent.

Planning/Parcel Merger Carrera

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve Parcel Merger #2005-08/Carrera to merge two 2.5-acre parcels into a single five-acre parcel for the development of a rodeo/roping arena in the community of Charleston View.   Motion carried unanimously, with Supervisor Cervantes absent.

Planning/Parcel Merger Boyte

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve Parcel Merger #2006-02/Boyte to merge five townsites in the community of Cartago into one individual parcel for a commercial use.   Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Museum and Statham Hall Roofing Project Contracts

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to award and approve the contracts for the Eastern California Museum and Statham Hall Re-roofing Projects to DRI Commercial of San Leandro, California, in an amount not to exceed $29,580 and $28,370 respectively, contingent upon the Board’s adoption of a FY 2006-07 Budget; authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained; and authorize the Public Works Director to sign all other contract documents, including change orders, to the extent permitted pursuant to section 20141 of the Public Contract Code and other applicable law.   Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Darwin Water Distribution System Project Contract

Ms. Kathy Goss of the Darwin CSD addressed the Board to thank the County and Staff for proceeding with this project.   She also informed the Board that the CSD had qualified to receive Prop 50 funds for other water system improvements.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to award and approve the Contract for the Darwin Water Distribution System Improvement Project to Hickman Construction of Lone Pine, in an amount not to exceed $148,500; authorize the Chairperson to sign the Contract contingent upon the appropriate signatures being obtained and authorize the Public Works Director to sign all Contract Change Orders to the extent permitted pursuant to Section 20142 of the Public Contract Code.   Motion carried unanimously, with Supervisor Cervantes absent.

Grand Jury/2006 Final Report Response

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the report to Judge Dean Stout, Presiding Judge, Inyo County Superior Court, responding to the findings and recommendations in the 2005-06 Grand Jury Final Report and authorize the County Administrator to sign the transmittal letter.   Motion carried unanimously, with Supervisor Cervantes absent.

CAO/Props 90 and 88 Leg. Position

Supervisor Arcularius addressed Proposition 90 “The Protect Our Homes Act” explaining that while she thinks the idea behind the Act is sound and there is a need to protect personal property from government taking, but she did not feel that this legislation is the way to do that.   She said that she felt the legislation would set up ramifications regarding zone changes, which have not been fully identified and could prove costly to local jurisdictions.   The Board concurred with Supervisor Arcularius’ assessment, echoing her sentiments that this is not going to accomplish what the authors were hoping to achieve.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to not support Proposition 90 “The Protect Our Homes Act.”   Motion carried unanimously, with Supervisor Cervantes absent.

The Board went on to discuss Proposition 88 “The Classroom Learning and Accountability Act.”     The Board discussed Proposition 88, which will provide a $50 parcel tax with the money not being allocated to the jurisdiction in which it is collected.   The Board expressed their concern with the size of the tax, the fact that the money will be collected in one area and possibly spent in another area and that there is no local control of the funds.   During this discussion the Board also talked about having further discussions at a later date regarding whether or not the Board should continue to take positions on the propositions.    Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to oppose Proposition 88 “The Classroom Learning and Accountability Act.”   Motion carried unanimously, with Supervisor Cervantes absent.

Transit/Service Reductions

Transit Program Director, Ms. Monicka Watterson, explained that due to not being able to hire and retain bus drivers in the Transit Program she is requesting authority to reduce services.   The Board and Staff discussed the service reductions proposed in the Staff Report in detail and at length.   The Board discussed possibly addressing the bus driver salaries outside the normal negotiation process with the union, with the County Administrator cautioning that continuing attempts to negotiate individual group salaries outside of the normal process could be construed by the union as the County negotiating in “bad faith.”   Mr. Juliff also reminded the Board that changes in the salary structure for the program could jeopardize ongoing discussions regarding the formation of a regional Joint Transit Powers Authority.   The Board and Staff continued to discuss the proposed reductions and the possible impacts to those utilizing the services.   The Board also discussed the proposed phasing of the reductions, with Ms. Watterson confirming that she would be implementing the second phase of the reductions within a week of implementation of the first phase.   The Board asked that Ms. Watterson work with those groups, i.e. schools and senior programs, which would be most affected by the service reductions to apprise them of the impending changes.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to authorize implementation of public transit service reductions in the event of Transit Driver shortages anticipated to occur on or around August 21, 2006 as proposed by Staff.   Motion carried unanimously, with Supervisor Cervantes absent.

Emergency Serv./ EOP Preparation Contract

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to ratify and approve the Contract between the County of Inyo and Matell InfoGraphics of Sparks, Nevada for the provision of preparing the Operational Area Emergency Operations Plan (EOP) Emergency Field Guide and City of Bishop EOP, for the period of July 1, 2006 through June 30, 2007 in an amount not to exceed $14,550, 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, with Supervisor Cervantes absent.

P.W./ESRA/ Airport Access Road Contract

The Public Works Director provided the Board with a recommendation to award the Contract for the Eastern Sierra Regional Airport Access Road Construction Project to the low bidder Sierra Nevada Construction in the amount of $448,007.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to award and approve the Contract for the Eastern Sierra Regional Airport Access Road Construction Project to Sierra Nevada Construction in the amount of $448,007, contingent upon the Board’s adoption of a FY 2006-07 Budget; 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, with Supervisor Cervantes absent.

Post Agenda/ ESRA FAA Grant Funds

The Public Works Director, Mr. Ron Chegwidden, provided additional information and further justification for consideration of a post agenda item to consider accepting FAA Grant Funds for the Eastern Sierra Regional Airport Access Road Project.   Moved by Supervisor Williams and seconded by Supervisor Bilyeu to find that the request to approve an Agreement between the County of Inyo and the Federal Aviation Administration (FAA) for Eastern Sierra Regional Airport Access Road grant funds in the amount of $450,000 arose after the Agenda for the August 15, 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. 22A.   Motion carried unanimously, with Supervisor Cervantes absent.

P.W./ESRA/FAA Grant for Airport Access Road Project

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve the Agreement between the County of Inyo and the Federal Aviation Administration (FAA) for the Eastern Sierra Regional Airport Access Road Grant in the amount of $450,000, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Public Works Director to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously, with Supervisor Cervantes absent.

Post Agenda/Indy Airport FAA Grant Funds

The Public Works Director, Mr. Ron Chegwidden, provided additional information and further justification for the request to consider a post agenda item to approve grant funds for the Independence Airport Design Project.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to find that the need to take action on an Agreement with the FAA for Independence Airport Design Project grant funds arose after the Agenda for the August 15, 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. 22B.   Motion carried unanimously, with Supervisor Cervantes absent.

P.W./Indy Airport/ Design Project Grant Funds

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Agreement between the County of Inyo and the Federal Aviation Administration (FAA) for the Independence Airport Design Project grant funds in the amount of $126,981, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Public Works Director to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously, with Supervisor Cervantes absent.

P.W.-Town Water Systems/Owenyo Operations Contract

The Public Works Director responded to questions from the Board explaining that the RFP was actually a call for qualifications and that once the qualifications are determined to be adequate the Department enters into negotiations with the firm that is determined to be the best qualified to perform the services.   The Board and Staff continued to discuss the recommendation to enter into a contract for the operations of the Town Water Systems as well as the invoice from DWP for approximately $87,000 which was for three years of over usage for the water allotments for the systems.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Owenyo Services for the operation and maintenance of the Independence, Laws and Lone Pine Town Water Systems, in an amount not to exceed $248,916 for the period of September 1, 2006 through June 30, 2007, 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, with Supervisor Cervantes absent.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the minutes of the August 1, 2006 Board of Supervisors Meeting.   Motion carried unanimously, with Supervisor Cervantes absent.

Org./Arts Council/ Millpond Closure for Festival

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize the closure of the Millpond Recreation Area to the public from Friday, September 15, 2006 at 6:00 a.m., through Sunday, September 17, 2006 at midnight for the annual Millpond Music Festival.   Motion carried unanimously, with Supervisor Cervantes absent.

Dist./Bishop Fire District Appointment

Supervisor Williams indicated that he had spoken with both candidates for the Bishop Rural Fire Commissioner appointment and both would be an asset to the District.   Supervisor Bilyeu supported the appointment of Mr. Hollowell who lives in Wilkerson.   He explained that it would be good to have the Wilkerson area represented on the District Board, since the other candidate, Mr. Ted Metz, and the remaining Fire Commissioners all live in the Third District.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to appoint Mr. Jerry Hollowell to the Bishop Rural Fire Protection District Board of Fire Commissioners to complete a four-year term ending July 1, 2010.   Motion carried unanimously, with Supervisor Cervantes absent.

Report on Closed Session

There was no closed session agendized for this meeting, as such there was no report required by law on closed session.

Adjournment

The Chairperson adjourned the regular meeting at 1:15 p.m. to 9:00 a.m., September 5, 2006, in the Board of Supervisors Room at the County Administrative Center, in Independence

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