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, December 5, 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 announced the public comment period.   Mr. Frank Williams, Independence Resident, asked that a para transit vehicle be used to transport the disabled in the Wilkerson area rather than the regular bus, because it causes delays in the schedule.   He also requested that a second route be established between Lone Pine-Bishop-Lone Pine on Tuesdays and Thursdays when the CREST Route is not running.

County Dept. Reports

The Chairperson announced the public comment period.   Mr. Kevin Carunchio, Deputy County Administrator, addressed the Board to provide information on the LORP dedication reception, which was being held at the Museum, and to thank Public Works and Parks for their help in getting the facility and grounds ready for the festivities.   He also informed the Board that Jacque Hickman is catering the event and is donating her proceeds to the Museum.

BofS/Avalanche Center

Mr. Allen Pietrasanta, representing the Eastern Sierra Avalanche Center, thanked the Board and the County for last year’s funding support and updated the Board on the Center’s activities and goals.

HHS-Mental Health Plan Workshop

At the request of the Health and Human Services Department the workshop with the Board on the Mental Health Plan was pulled, with the Chairperson noting that the workshop would be rescheduled in the near future.  

BofS/Homewood Canyon Zip Code Letter

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the letter to the residents of Homewood Canyon endorsing their efforts to obtain a zip code for the Homewood Canyon area of Inyo County.   Motion carried unanimously.

Motor Pool/Rotary Mower P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to A) award the bid for and approve the purchase of a Jacobsen wide-area rotary mower (Model HR 9016) to H.V. Carter Co., Inc., of Minden, Nevada in an amount not to exceed $69,016.03 and B) declare the Parks and Recreation mower, Model HR-15 as surplus and authorize the Parks and Recreation to utilize the mower as a “trade-in” with a value of $500.00.   Motion carried unanimously.

Library/Computer P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the purchase of ten (10) personal computers from Dell in an amount not to exceed $10,600.00.   Motion carried unanimously.

P.W./RFP for Big Pine Care Facility

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the re-issuance and re-advertisement of the Request for Proposals (RFP) for the lease and development of the former Big Pine Care Facility; and B) set 10:00 a.m., January 2, 2006 in the Board of Supervisors Room, at the County Administrative Center in Independence as the time, date and place of a public meeting at which the Board will receive and consider timely responses to the RFP.   Motion carried unanimously.

Clerk-Elections/ Statement of Votes Cast

Clerk-Elections/ Statement of Votes Cast Continued

Ms. Beverly Harry, Clerk-Recorder, provided a recap of the most recent election, including several unanticipated glitches in the new voting system, which had caused delays in voting.   She explained that corrective action will be taken in order to prevent like occurrences in the future.  

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to issue an order adopting the Statement of All Votes Cast at the General Election held November 7, 2006 and declare elected those offices under their jurisdiction for this election, and declare passed or failed those measures under their jurisdiction for this election, according to the number of votes for each as shown on the Statement of All Votes Cast.   Motion carried unanimously.

Planning/HOME Grant Prgm. Contract

The Planning Department pulled the request to take action on issuing a contract for the administration of the County’s Home Grant Program, with the Chairperson noting that the item would be rescheduled in the near future.  

BofS/Minute Approval

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to approve the minutes of the Board of Supervisors Meetings of A) November 14, 2006 and B) November 21, 2006.    Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 9:30 a.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 15. 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.

Recess/ Reconvene

The Chairperson recessed closed session at 9:50 p.m., to reconvene in open session at 10:00 a.m., with all Board Members present.

BofS/Big Pine Convalescent Hospital Presentation

Mr. Jason Moore and Mr. Mike Moore representing the Freedom Ranch made a brief presentation on their proposal for the use of the Big Pine Care Facility for a program to house and provide high tech and industrial education for at risk Foster Children who are ageing out of the Program.   They briefly explained about a candidate screening process, funding opportunities through State Grant Programs and other options, which might be available to develop the site.   The Board thanked the Moores for the presentation.

CAO-Purchasing/ New Purchasing Ordinance and Purchasing Manual

The County Administrator presented the Purchasing and Contracting Policy and Procedures Manual, which support the proposed Purchasing Ordinance.   He noted the changes between the existing Purchasing Ordinance, which was adopted in 1960 and amended in 1983 and the proposed ordinance.   He highlighted the differences between the old and newly proposed spending authorities, noting that the proposed limits are well below State statute authorities.   He reviewed the results of a purchasing survey, which he conducted of similar counties.   The Board and the County Administrator discussed the proposed ordinance, including (a) the added risk in giving up spending authority; (b) the responsibilities of the Department Heads under the new policies and procedures; (c) the ability to provide for local vendor preference; and (d) the impact of the new policy on future fund balances.   Mr. Juliff also explained that the Purchasing and Contracting Policy and Procedures Manual will be adopted via a Resolution and will be presented for Board consideration during the January 9, 2007 Board of Supervisors Meeting which will coincide with the effective date of the Purchasing Ordinance, should the Board move forward, to facilitate smooth implementation of the new ordinance.   Moved by Supervisor Williams and seconded by Supervisor Cervantes to waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Repealing Chapter 3.08 of the Inyo County Code, Modifying Section 7.60.120 of the Inyo County Code, and Adding Title 6 to the Inyo County Code.”   Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 11:30 a.m., to reconvene in closed session with all Board Members present to continue discussions on Agenda Item No. 15. 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.   The Chairperson recessed closed session at 11:50 p.m., to reconvene in open session at 1:00 p.m., with all Board Members present.  

Water Dept./ Report on Standing Committee Meeting

The Board received a report from Water Director, Mr. Tom Brooks, on the November 27, 2006 Standing Committee meeting.   He reviewed the actions taken on several of the Agenda Items including that the concept of the Green Book Revision was endorsed and that there was no progress made on the Interim Management Plan (IMP), because the LADWP Water Commissioners were not prepared to discuss the item.   He highlighted the schedule for future Standing Committee Meetings and discussed with the Board how to ensure that DWP is ready to discuss the IMP at future meetings.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a report on the CSAC Conference, the Great Basin Meeting, an upcoming Agenda Item regarding signs designating no “jake brakes” in the communities of Big Pine, Independence and Lone Pine.   The County Administrator tentatively calendared two Planning Director Interviews for December 19, 2006, explaining that the interviews will be conducted in closed session.

Closed Session

The Chairperson recessed open session at 1:40 p.m., to reconvene in closed session with all Board Members present, except Supervisor Williams, to discuss Agenda Item No. 16.   PERSONNEL [Pursuant to Government Code Section 54957] – Public Employee Performance Evaluation – Title:   Director of Public Works.

Post Agenda/ Comment on Indy Pit

The Chairperson recessed closed session at 4:20 p.m., to reconvene in open session with all Board Members present except Supervisor Williams to address a Post Agenda Item.   Supervisor Bilyeu provided the Board with an item for consideration regarding a notice from Caltrans and the Bureau of Land Management of a 30-day comment period on a modified use of the Independence Pit material site.   Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to find that the need to provide comment on the modified use of the Independence Pit material site arose after the Agenda for the December 5, 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. 14A.   Motion carried unanimously, with Supervisor Williams absent.

Planning/Comment on Indy Pit

Supervisor Bilyeu explained that he had been informed about a letter, which had been sent to the County and other interested parties from Caltrans making notification that a 30-day comment period had been opened regarding the modification to the Independence Pit material site.   He explained that at the Civic Club meeting, held last night, the Civic Club had expressed a desire to ask for an extension of the December 11, 2006 deadline for comments and to ask that a public hearing be held in order for the Community to provide comments. Mr. Bilyeu noted that while the letter was dated November 20, 2006, it was postmarked November 29, 2006.   He explained that he did not feel the timing of the letter was sufficient to provide suitable responses, especially from the County.   He indicated that he wanted to see the deadline extended and to have Caltrans conduct a public hearing in Independence to give those who may have concerns about the project the opportunity to be heard.   

County Counsel provided the Board with a brief history of the site, explaining the operators, Jackson Baker, had sued the County based on conditions the County had placed on the project as a result of concerns identified by the community.   He explained that even though the operators prevailed in the lawsuit, they ultimately abandoned their use of the site, at which time Caltrans stepped in to use the site.   He reviewed the Board’s SMARA authority, explaining that Caltrans had submitted and the Board had approved a Reclamation Plan for the original project and modifications to the project may trigger an amendment to the Reclamation Plan.   Ms. Jan Larson and Adena Fansler of the Planning Department explained that changes to the Reclamation Plan would require a public hearing before the Planning Commission.   Ms. Fansler also clarified what modifications would or would not trigger an amendment to the Reclamation Plan.     Supervisor Bilyeu indicated that while the County will have the opportunity to review the modifications at a later date should a change in the Reclamation Plan be required, he wanted to support his constituents’ desire to respond to the most recent notice by Caltrans.   He expressed a desire to have the Board send a letter requesting the comment deadline be extended and that a public hearing be held in order to provide Caltrans and BLM the opportunity to hear and integrate the public’s comments prior to the release of the EA on the project.   

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to authorize the Chairperson to sign a letter to Caltrans and BLM in response to Caltrans’ November 20, 2006 notification of a 30-day comment period on their proposal to modify the current use of the Independence Pit material site, asking that the December 11, 2006 deadline for comments be extended to provide the County and other interested parties sufficient time to present comments on the modified project and that a public hearing be held in Independence in the evening, with the date of hearing being no less than 15 days prior to the extended deadline to provide adequate time for Caltrans to assimilate the information provided at the hearing.   Motion carried unanimously, with Supervisor Williams absent.

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 4:55 p.m., to December 12, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.