County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Frank Williams, Independence Resident, addressed the Board to complain about the condition of the Independence Library.

County Dept. Reports

The Chairperson announced the County Department Report period. Mr. Ron Chegwidden, Public Works Director, updated the Board on the status of the augmentation of the 2006 STIP informing the Board that at the present time the Olanch/Cartago U.S. Highway 395 Road Project is back in the STIP. The County Administrator informed the Board that the NIMS/SIMS Training, which is scheduled for this week has been cancelled and he will keep the Board informed as to when it is rescheduled.

Fish and Game/ Commission Appointments

Moved by Supervisor Cash and seconded by Supervisor Arcularius to make the following appointments to the Commission: A) Mr. James Spitzer to complete an unexpired term ending July 1, 2007 and to complete a four-year term ending July 1, 2011; B) Mr. Gary Olson to complete a term ending July 1, 2009; and C) Mr. Gary Gunsolley to complete a term ending July 1, 2010. Motion carried unanimously, with Supervisor Brown absent.

District/B.P. Cemetery Board Appointment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Ms. Virginia MacLeod to the Big Pine Cemetery District Board of Trustees to complete a four-year term ending May 31, 2011. Motion carried unanimously, with Supervisor Brown absent.

District/Mt. Whitney Cemetery Board Appt.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Mr. Chris Langley to the Mt. Whitney Cemetery District Board of Trustees to complete an unexpired four-year term ending May 1, 2008. Motion carried unanimously, with Supervisor Brown absent.

Emergency Serv./ Radio System

P. O.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) declare Nielsen’s Equipment Maintenance and Communications a sole-source provider of dual band radio system for emergency services vehicles and authorize the purchase of ten Kenwood 90 Series Public Safety Dual Band Radio Systems, including installation, in an amount not to exceed $32,915.70, contingent upon the Board’s adoption of FY 2007-08 preliminary and Board approved budgets. Motion carried unanimously, with Supervisor Brown absent.

Resolution No. 2007-19/ Purchasing Revolving Amount

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-19 entitled, “A Resolution of the Board of Supervisors, County of Inyo, State of California, Rescinding All Previous Resolutions Setting Forth Amounts for the Purchasing Revolving Fund and Increasing the Amount of the Existing Revolving Fund for Purchasing Agent Use,” was approved: motion unanimously passed and adopted, with Supervisor Brown absent.

Ag. Comm./ Mosquito Abatement Chemical P.O.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to declare Adapco/Fennimore Chemical a sole-source provider for mosquito abatement chemicals for FY 2007-08 and authorize a blanket purchase order to Adapco/Fennimore Chemical for the purchase of mosquito abatement chemicals in an amount not to exceed $100,000 for FY 2007-08, contingent upon the Board’s adoption of FY 2007-08 preliminary and Board approved budgets. Motion carried unanimously, with Supervisor Brown absent.

Coroner/Deputy Coroner Mullenhour Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Jeffrey E. Mullenhour for Deputy Coroner services, for the period of May 1, 2007, through June 30, 2008, contingent upon the Board’s adoption of a FY 2007-08 Budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

HHS-Behavioral Hlth. Serv./Ernst Contract Amendment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve Amendment No. One to the Contract between the County of Inyo and Gary C. Ernst for fiscal consulting services, increasing the Contract amount by $26,000 to a total not to exceed $46,000 for the period of September 1, 2006 through June 30, 2007; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

HHS-Mental Hlth. Serv./State Hospital Beds Eligibility Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius 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 for the period of July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

HHS-Behavioral Hlth. Serv./Mental Health Board Appt.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Mr. Duane Blume to the Mental Health Advisory Board to complete an unexpired term ending June 30, 2009. Motion carried unanimously, with Supervisor Brown absent.

HHS-Hlth. Serv./ Dr. Johnson Contract Amendment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve Amendment No. 2 to the Contract between the County of Inyo and Richard Johnson, M.D., MPH for Interim Health Officer services, increasing the Contract by $12,015 for a total not to exceed $109,600, for the period of April 7, 2006 through June 30, 2007; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

HHS-Soc. Serv./ Computer P.O.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) rescind the May 1, 2007 action declaring California Strategic Sourcing Initiative (CSSI) Western Blue Corporation as the sole-source provider for mandated state program compatible desktop and laptop computers; B) declare Gateway as the sole-source provider of the equipment; and C) authorize the purchase of 12 desktop computers and 1 laptop computer from Gateway in an amount not to exceed $12,523.77 for the period of July 1, 2006 through June 30, 2007. Motion carried unanimously, with Supervisor Brown absent.

P.W./Fire Extinguisher Maintenance Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to declare Cochrun Fire Equipment, Inc., a sole-source provider of maintenance of fire extinguishers and approve the Contract between the County of Inyo and Cochrun Fire Equipment, Inc., for the maintenance of fire extinguishers for the period of July 1, 2007 through June 30, 2010, in an amount not to exceed $6,576.30 contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Brown absent.

P.W./DBE Form

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Local Agency Disadvantaged Business Enterprise Annual Submittal Form for Federal Fiscal Year 2007-08 and authorize the Director of Public Works to approve future Local Agency Annual Submittal Forms. Motion carried unanimously, with Supervisor Brown absent.

Resol. #2007-20/ESRA Well Notice of Completion

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-20, accepting the improvements and authorizing the recording of a Notice of Completion for the Eastern Sierra Regional Airport Fire Suppression Well Project, was approved: m otion unanimously passed and adopted, with Supervisor Brown absent.

P.W./Bishop Sr. Center Painting Project Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to award the bid to and approve the Contract with Don Rizzo Painting of San Diego, CA for the Bishop Senior Center Painting Project in the amount of $6,875, 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 Brown absent.

Auditor/Great Basin APCD Revolving Account

The Auditor, Ms. Leslie Chapman, addressed the Board to provide additional information for the creation of a revolving expenditure account for the Great Basin Unified Air Pollution Control District. She explained that this account will give the Auditor’s office the ability to provide services to the District while reducing the impact of the work on her Department. She went on to review the auditing process and procedures, which will be implemented for this account. Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to A) authorize the creation of a revolving expenditure account for Great Basin Unified Air Pollution Control District to be held outside the County Treasury; and B) approve the Contract between the County of Inyo and Great Basin Unified Air Pollution Control District for the provision of financial services, for the period of July 1, 2007 through June 30, 2008, in an amount not to exceed $6,000, contingent upon the Board’s adoption of a FY 2007-08 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Brown absent.

Resol. #2007-21/ Computer Use Policy

The County Administrator provided additional clarification on the policy for the use of the County’s telecommunications, computers and networking resources. He explained that as the new networking system is brought on line, in keeping with this policy, specific procedures will be developed to address different aspects of the system. Mr. Juliff also confirmed that this policy will be provided to each of the employees. Supervisor Arcularius acknowledged the work, which was done in developing this Policy, and thanked Staff for its timeliness. On a motion by Supervisor Arcularius and a second by Supervisor Cash, Resolution No. 2007-21 entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California Adopting the ‘County of Inyo Use of Computing, Networking and Telecommunications Resources’ Policy,” was approved: motion unanimously passed and adopted, with Supervisor Brown absent.

Parks/Mendenhall Park Restroom Plans and Specs

Deputy County Administrator, Mr. Chuck Hamilton, identified a change in the recommendation for the funding of the Mendenhall Park Restroom Project. He explained that because of the final costs associated with the Dehy Park Project, the amount needed from Prop 40 funds to complete this project has increased from $20,000 to $25,000 to $75,000. The Board and Mr. Hamilton briefly discussed the projects which had been completed as a result of the funds provided for parks and campgrounds improvements through the Long Term Water Agreement, with Supervisor Arcularius asking Staff to schedule a workshop for the Board to receive a final report on the Parks and Campgrounds Improvement Projects. Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the Plans and Specifications for the Mendenhall Park Restroom Project; and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously, with Supervisor Brown absent.

Integ. Waste/Wood Grinder Replacement

The Board and Staff discussed recommendations regarding the wood grinder used at the Bishop Sunland Landfill for the disposal of wood product refuse. Mr. Hamilton explained that the wood grinder is old and to retrofit the unit to bring it into compliance with the new State “diesel” emission regulations will be costly and may not be cost effective. He informed the Board that the equipment is currently being allowed to operate by Great Basin Air Pollution Control District until the end of December under a conditional use permit and that the wood product produced by the chipper is being used to mitigate dust at the landfills and to help meet the County’s diversion requirements. The Board and Mr. Hamilton went on to discuss the costs of the various alternatives, including replacement with a new unit, replacement with a used unit, retrofitting the current unit, and discontinuing the program altogether. Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) authorize the Integrated Waste Management to seek quotes for the purchase of a new wood grinder to process wood waste material at the County landfills; and B) return the quotes and financing options for the purchase for the Board’s consideration. Motion carried unanimously, with Supervisor Brown absent.

Transit Program/ Transfer of Funds to ESTA

Moved by Supervisor Arcularius and seconded by Supervisor Cash to authorize the Inyo County Auditor to execute a transfer of Transit Program funds (153101) totaling one-half of the Transit Program fund balance as of June 30, 2006 ($175,000) from Inyo County to the Eastern Sierra Transit Authority. Motion carried unanimously, with Supervisor Brown absent.

Recess/

Reconvene

The Chairperson recessed the open session at 9:55 a.m., to reconvene at 10:05 a.m., with all Board Members present, except Supervisor Brown.

Resol. #2007-22/ Premium Pay

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-22, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Providing Premium Pay to County Officers and Employees for Certain Required Licenses and Certifications ‘Inyo County Premium Pay Resolution’,” was approved: motion unanimously passed and adopted with Supervisor Brown absent.

CAO-Personnel/ Premium Pay Ordinance for Elected Officials

Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors County of Inyo, State of California, Amending Section 2.88.040 of the Inyo County Code to Provide for Premium Pay for Certain Elected County Officials, Excluding Members of the Board of Supervisors; and schedule the enactment for 10:00 a.m., Tuesday, June 5, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously, with Supervisor Brown absent.

Planning/Close Public Hearing on CUP No. 2005-03/Coso Operating

Ms. Jan Larson, Senior Planner, reviewed the Staff Report and recommendations regarding the appeal hearing on the Coso Water Importation Project. Ms. Larson explained that Coso has withdrawn their application for a Conditional Use Permit, which has rendered the need to continue the appeal moot. Mr. Gary Arnold, Attorney for Little Lake Ranch, addressed the Board to address the issue of the unresolved litigation, which Little Lake Ranch has brought against the County, as well as his proposal to recoup expenses incurred by Little Lake Ranch in pursuit of this matter. County Counsel advised the Board that the litigation referred to by Mr. Arnold, as well as any other proposals regarding the litigation, are separate issues for closed session and not a part of today’s action. Moved by Supervisor Cervantes and seconded by Supervisor Cash to terminate, as moot, the appellate procedure for the CUP No. 2005-03/Coso Operating Company, LLC. Motion carried unanimously, with Supervisor Brown absent. Moved by Supervisor Cash and seconded by Supervisor Arcularius to cancel the continued appeal hearing currently scheduled for June 12, 2007 and close the public hearing May 29, 2007. Motion carried unanimously, with Supervisor Brown absent.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the May 8, 2007, Board of Supervisors Meeting. Motion carried unanimously, with Supervisor Brown absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including the RCRC Board Meeting, with an update on the State Budget May Revise, an Inyo Associates Meeting, Mule Days Celebration, an LTC Meeting, Death Valley Chamber of Commerce Meeting, the Washington, D.C. trip regarding Yucca Mountain, a LAFCO Meeting, an Independence Chamber of Commerce Meeting, and an Eastern Sierra Peace Officers Association Meeting.

Closed Session

The Chairperson recessed open session at 10:45 a.m., to convene in closed session, with all Board Members present, except Supervisor Brown, to discuss Agenda Items No. 28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power , Inyo County Superior Court Case No. SICVCV01-29768 (1), No. 29. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Inyo County Employees Association (ICEA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; and No. 30. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Elected Officials Assistant Association (EOAA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio.

Report on Closed Session

The Chairperson recessed closed session at 12:20 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 special meeting at 12:20 p.m.