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, February 5, 2008, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present: Chairperson Linda Arcularius presiding, Susan Cash, Beverly Brown, 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. CalFire Chief Roger Thompson, Owens Valley Division, addressed the Board to provide a report on last year’s fire season and work-crew project statistics for our area. He presented the Board Members with the CalFire patch, explaining the significance of the various emblems displayed on the patch.

County Department Reports

Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the recent 911 system failure, which was a result of weather damage at the Mazourka Peak repeater site. She thanked, Mr. Ron Chegwidden, Public Works Director, and his staff for their assistance in gaining access to the site, and reported that the system is up and running.

Resol. #2008-07/ Pre-Tax Payroll for CalPERS Service Credit Purchase

On a motion by Supervisor Bilyeu and a second by Supervisor Cervantes, Resolution No. 2008-07, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, for Pre-Tax Payroll Deduction Plan for CalPERS Service Credit Purchases,” was adopted: motion unanimously passed and adopted.

CAO-Personnel/ ESTA Contract Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve Amendment No. One to the Agreement between the County of Inyo and the Eastern Sierra Transit Authority for the provision of driver services, and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Soc. Serv./ IHSS Employer of Record Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the Contract between the Life Remedies and Celebrations, a non-profit organization and the County of Inyo for the provision of mandated Employer of Record services to providers of In-Home Supportive Services, in an amount not to exceed $130,140 for the period of February 16, 2008 through June 30, 2009, contingent upon the Board’s adoption of future budgets and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Children Serv./National Council on Crime Reporting Services Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve and ratify the Contract between the County of Inyo and the National Council on Crime and Delinquency for the provision of Safe Measures Internet Reporting services, in an amount not to exceed $11,000 for the period of September 1, 2007 through June 30, 2009, contingent upon the Board’s adoption of future budgets and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Mental Hlth. Serv./State Beds Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to ratify and approve the Agreement between the County of Inyo and the State of California, Department of Mental Health, for eligibility for purchase and usage of State Hospital Beds, in an amount not to exceed $34,885, for the period of July 1, 2007 through June 30, 2008. Motion carried unanimously.

HHS-EMS/Medical Care Committee Appointments

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to appoint the following to the Inyo County Emergency Medical Care Committee, to complete unexpired two-year terms ending December 31, 2008, A) Ms. Martha Reynolds of Northern Inyo Hospital and B) Dr. Michael Dill, representing Emergency Room physicians. Motion carried unanimously.

P.W./Mill Creek & Mustang Mesa Road Project

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the plans and specifications for the Mill Creek Road and Mustang Mesa Subdivision Roadways Improvement Project, and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously.

Rd. Dept./Desert Ag Payment

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to authorize a one-time payment to Desert Aggregates in the amount of $24,322.01 for asphalt materials. Motion carried unanimously.

Water Dept./ Salt Cedar Eradication Chemicals P.O.

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the purchase of A) 250 gallons of Garlon 4 Ultra herbicide from Target Specialty Products at the rate of $89.60 per gallon in an amount not to exceed $24,136 including tax; and B) 480 gallons of Improved JLB Oil Plus, with dye from Silverado Ranch Supply at the rate of $11.50 per gallon, in an amount not to exceed $5,947.80, including tax. Motion carried unanimously.

Planning/Home Grant Budget Amendment

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the FY 2007-08 County Budget by approving the creation of the Home Grant Budget Unit 620810 by increasing estimated revenue in State Grants (Revenue Code #4498) by $1,000,000 and increasing appropriations in Professional and Special Services (Object Code #5265) by $63,700 and Intra County Charges (Object Code #5121 ) by $20,000; and with the remaining balance of $916,300 being recorded as loans receivable in accordance with the terms of the Home Loan Program. Motion carried unanimously.

Planning/Comment on BLM Energy Corridor

The Board and Staff discussed BLM’s proposed Energy Transport Corridor Designation Project. The discussions included the concerns regarding impact the expansion of the corridor will have on access to public and private lands, the need to keep any expansion in Inyo County to a minimum because of the size of the existing easement running through the valley, and concerns regarding the use of eminent domain to acquire easements and access to private lands. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to direct Planning staff prepare a letter commenting on BLM’s Draft Environmental Impact Statement on Energy Transport Corridor Designation in 11 Western States, addressing those concerns noted in the discussion; and authorize the Chairperson to sign.

Probation/Deputy Probation Officer Step E

The Deputy Chief Probation Officer, Jeff Thomson, addressed the Board to provide additional information and further justification to hire a new Deputy Probation Officer at Range 65, Step E. In response to a question from the Board, he noted that the new hiree has a college degree, applicable and current probation experience, as well as being bi-lingual. Moved by Supervisor Bilyeu and seconded by Supervisor Brown to authorize hiring of a new Deputy Probation Officer, I, at Range 65, ($3,494 - $4,249) - Step D ($4,050 per month starting salary), pursuant Personnel Rule 5.6(c). Motion carried unanimously.

Water Dept./ Comments on O.V. Land Mgnm. Plan

The Board and Acting Water Director, Dr. Bob Harrington, reviewed the draft letter providing comment on the Owens Valley Land Management Plan. Supervisor Cash requested that the signature line be changed to note “Acting” Water Director. Supervisor Arcularius asked that future comments also be reviewed the Agricultural Advisory Committee before coming to the Board. Moved by Supervisor Brown and seconded by Supervisor Bilyeu to approve the letter to Ecosystems Sciences and the City of Los Angeles Department of Water and Power, commenting on the draft Owens Valley Land Management Plan; and authorize the Acting Water Director to sign. Motion carried unanimously.

CAO-Inyo Complex Fire/Budget Amendment

The County Administrator briefly reviewed the request to amend the Inyo Complex Fire Budget. He explained that this amendment would provide the mechanism for the replacement contract to be finalized, as well as facilitate a payment schedule from the insurance carrier. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to a mend the County Budget as follows: (a) increase appropriations in General Reserves Budget Unit 010405, Operating Transfers Out (Object Code #5801) by $1,291,194; (b) increase estimated revenue in the Inyo Complex Fire Budget Unit 023710, Operating Transfers In (Revenue Code #4998) by $1,291,194; and (c) increase appropriations in the Inyo Complex Fire Budget Unit 023710, Other Equipment Over $5000 (Object Code #5670) by $1,291,194 in order to facilitate the replacement of the Independence Reservoir. Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 9:50 a.m., to reconvene at 10:00 a.m., with all Board Members present.

Planning/Zoning Ordinance

Suspending Provisions for Inyo Complex Fire

The Chairperson opened the public hearing at 10:05 a.m., on a proposed ordinance that temporarily suspends the provisions of Inyo County Code §18.78.280 (Nonconforming buildings - Restoration) and 18.78.250

(Nonconforming buildings – Changes), for replacement of nonconforming residences destroyed by the Inyo Complex Fire. The Planning Director, Mr. Pat Cecil reviewed the Staff Report and recommendations regarding the suspension of provisions of the Zoning Ordinance to allow for the replacement of structures and residences destroyed in the Inyo Complex Fire.

The Board and Staff discussed the possibility of having other people who have their residences destroyed wanting this same opportunity. Mr. Cecil explained that, a) he is not an advocate of this type of action; b) that at this time there are only two properties eligible for this suspension; and c) the defining reason for making such a finding is that the damage was sustained as a result of a “declared emergency.” There being no one from the public wishing to address this item, the Chairperson closed the public hearing at 10:10 a.m. Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to waive the first reading of the ordinance; and schedule the enactment for 10:00 a.m., Tuesday, February 19, 2008, in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously.

Museum/TEA Grant Virtual Transportation Museum

Museum Administrator, Mr. Jon Klusemire, provided additional information and further clarification on the TEA Grant application for a Virtual Transportation Museum. He acknowledged the efforts of Mr. Bob Ennis, who had envisioned the concept of this museum and explained how this grant application differs from the one previously submitted for the original virtual museum. The Board and Staff discussed the ownership and accessibility of the photos, which will be available through the Virtual Museum and the availability of technologies, which will enhance the benefits of the project. Moved by Supervisor Bilyeu and seconded by Supervisor Brown to A) endorse the EMC’s application for a Transportation Enhancement Activity (TEA) Grant in the amount of $61,500 to fund “The Virtual Transportation Museum: An Online History of Surface Transportation in Eastern California;” B) become the “sponsoring agency” for the grant when it is presented to the Local Transportation Commission (LTC); and C) if, the grant is approved for funding by the LTC and the California Transportation Commission, authorize the Museum Services Administrator to sign the necessary agreements to implement the grant and submit the application to the LTC. Motion carried unanimously.

Forest Serv./Title III Funding

The County Administrator reviewed the recommendations for the expenditure of this year’s Title III funding, noting that this is the final year for this funding. Supervisor Arcularius updated the Board on the efforts to have this funding reauthorized. Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) reaffirm the use of $72,613.68 of HR2389 Forest Service Special Project Fund revenues for Fiscal Year 2007/2008, divided equally between the Inyo County Office of Education and the County of Inyo, for the following purposes: (a) $36,306.84 for Forest Related Educational Opportunities by the Inyo County Office of Education for their Outdoor Science Education Program at the Bernasconi Education Center in Big Pine; (b) $12,344.32 for search and rescue activities on federal lands paid for by the County; and (c) $23,962.52 for a grant program for fire prevention and County planning for fire safety councils throughout the County; B) authorize the County Administrative Officer to make the necessary appropriation changes to the appropriate budgets to reflect the Board’s use of Fiscal Year 2007/2008 Title III monies in the amount of $72,613.68; C) s chedule the beginning of the 45-day Public Comment period to begin Tuesday, February 12, 2008 and end Thursday, March 27, 2008; and D) approve the recommended grant program evaluation application and process, and direct staff to advertise for Request for Proposals (RFP’s) for fire prevention and County planning activities for fire safe councils after the 45-day Public Comment period has ended. Motion carried unanimously.

Forest Serv/Rt. Designation Coordination

The County Administrator reviewed the history of the County’s efforts to invoke “coordination.” Mr. Carunchio noted the fiscal aspects of coordination, explaining that Mr. Matt Gaffney, Yucca Mountain Coordinator, was being assigned to this project. Mr. Carunchio noted that in previous discussions with the Forest Service they have indicated a desire to work in a cooperative process, cautioning that while the County may be willing to work cooperatively with the Forest Service, it does not replace the County moving forward with the “coordination” process. The Inyo Forest Supervisor, Jim Upchurch, addressed the Board. Mr. Upchurch confirmed the Forest Service’s desire to work cooperatively in addressing the Route Designation issues, and explained the Department’s limitations on their involvement. He explained that Federal law precludes the Forest Service from participating in any forum where “consensus” is reached, because the decision authority is at the Regional and Federal levels. He and the Board discussed possible organizations, other than the County, who might be able to facilitate the cooperative process. Both the Sierra Nevada Conservancy and the Sierra Business Council were suggested as possible candidates. Supervisor Arcularius noted her concerns that both of those organizations could have conflict issues, which might exclude them from the process. The Board noted their frustration in pursuing another round of a coordination process, when the Forest Service could once again choose to change the rules and disregard the accepted compromises developed by the people once again participating in the process. Mr. Upchurch assured the Board that the Forest Service’s involvement in the cooperative process would be as forthcoming and upfront as is allowed by law.

In response to a question from Supervisor Brown, Mr. Upchurch, assured the Board that the Forest Service’s decisions on which roads are to be closed has not been made. He also reiterated that there is certain information, which the Forest Service may be privy to, that they are not allowed to divulge to the public under their policy. Supervisor Brown thanked Mr. Upchurch, but disagreed with the concept that a Federal Agency would not divulge why the roads were being closed to this Board. The Board and Mr. Upchurch continued to discuss the Route Designation and the policies and procedures associated with the Forest Service’s decision making policies with regard to road closures in the Eastern Sierra. The County Administrator synopsized the discussions by noting that the Board wants to keep the two issues of “coordination” and “cooperation” separate. Mr. Carunchio suggested minor changes to the letter to incorporate those items of concern identified during today’s discussion. Moved by Supervisor Cash and seconded by Supervisor Brown to approve the letter to the Inyo National Forest Supervisor outlining the process Inyo County requests be followed for coordinating planning with the United States Forest Service relative to the Motorized Travel Management Plan for the Inyo National Forest (Route Designation), as amended to include the concerns noted during today’s discussion and detailed by Mr. Carunchio; and authorize the Planning Director, Mr. Pat Cecil, to sign and direction to Staff to proceed with meetings with the Forest Service to develop a process for collaboration, to also include the County of Mono and the City of Bishop.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:00 p.m., to reconvene in a workshop at 12:10 p.m., with all Board Members present.

Planning-Yucca Mt./Workshop on Drilling Options

The Board met in a workshop to receive a presentation by the Hydrodynamics Groups on drilling options in years two and three under the County’s Cooperative Agreement with the U.S. Department of Energy (DOE). The Chairperson adjourned the workshop at 1:20 p.m., to reconvene at 2:20 p.m., in open session, with all Board Members present.

Parks/Prop 40 for Mendenhall Park Restroom

The Deputy County Administrator, Mr. Chuck Hamilton, informed the Board that the original funding for the Mendenhall Park Restroom Project was to be the balance of the DWP Parks money. He went on to explain that DWP has decided that those funds were no longer available because of the timing requirement on the expenditures. Mr. Hamilton clarified that the approval for the project had been given by DWP and they informed the County that we could make a request for the expenditure to the LA City Council who would need to approve the spending of the funds. Mr. Hamilton explained that the Board has already approved the Contract for this work and because of a minor problem with the bid bond, it has not been signed. Mr. Paul Bruce, County Counsel, responded to a question from the Board regarding ramifications of defaulting on a contract. He informed the Board that the Contractor would be able to file a claim for damages. Supervisor Cervantes reminded the Board that they had not supported the use of Prop 40 funds to complete the Lone Pine Park project earlier this year. He said that he would not support the expenditure of these funds for this purpose and he felt the Board, in keeping with their previous decision to not use Prop 40 Funds should not approve this expenditure either. The remaining Board Members explained that this situation is totally different from the previous request for Prop 40 funds. In this instance, the County is in jeopardy of defaulting on a Contract and the ability to recoup the money from DWP under a prior commitment is very likely.

The Board and Staff continued to discuss the use of Prop 40 funds as Staff recommended with Supervisor Cervantes continuing to oppose its use, and the remaining Board Members supporting the recommendation. It was noted by Supervisor Cash that the Lone Pine Parks Project was an expanded and changed project, that a portion of that Project was funded with money earmarked for Millpond, and thanked Supervisor Arcularius for giving up the $25,000 in funding earmarked for Millpond in order for the Lone Pine Park Improvement Project to proceed. The Board, Mr. Hamilton and Mr. Ron Chegwidden, Public Works Director, went on to discuss the timing for completion of the Mendenhall Project, including the need to have a discussion at the Board level regarding the possibility of requesting DWP extend their May 1, 2008 deadline for completion of the project. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to A) authorize the use of Proposition 40 funding for the construction of a new restroom at Mendenhall Park; B) amend the FY 2007-08 Parks Budget Unit 076999 as follows: increase estimated revenue in State Grants (Revenue Code #4498) by $72,000 and increase appropriations in Professional Services (Object Code #5265) by $72,000; and C) direct that Parks funding that may be received from DWP replace Prop 40 funds used for this project and direct staff to schedule an Agenda item on a future agenda to discuss requesting an extension of the May 1, 2008 deadline for the project set by DWP. Motion carried on a four-to-one vote, with Supervisors Arcularius, Cash, Brown and Bilyeu voting yes, and with Supervisor Cervantes voting no.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Brown to approve the minutes of the January 15, 2008 Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Arcularius abstaining.

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the minutes of the January 22, 2008 Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Bilyeu abstaining.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including the dedication ceremony for the new DMV Building, the Standing Committee Meeting, Southern Inyo Hospital Auxiliary Meeting, Great Basin Meeting, a LAFCO Meeting, an ESTA Board Meeting, a report on the Employee Party, which was sponsored by the Department Heads, a CARMA Tour, and an RCRC Meeting, including a legislative update.

Closed Session

The Chairperson recessed open session at 3:10 p.m., to convene in closed session, with all Board Members present to discuss and take action as required on Agenda Items No. 24. REAL PROPERTY NEGOTIATIONS (Pursuant to Government Code § 54956.8) – Conference with Real Property Negotiators -Property – APN 008 240 0100; Negotiating Parties – Sean & Joyce Turner and County of Inyo, Under Negotiations – Terms and Conditions of Lease; and No. 25. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: ICEA - Negotiators: County Administrator Kevin Carunchio and Labor Relations Administrator Sue Dishion.

Report on Closed Session

The Chairperson recessed closed session at 5:00 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.

Public Comment

The Chairperson announced the public comment period and there was no one wishing to address the Board.

Adjournment

The Chairperson adjourned the meeting in memory of retired Inyo County Superior Court Judge Don L. Chapman. The Chairperson adjourned the meeting at 5:00 p.m. to 9:00 a.m., Tuesday, February 19, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.