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, November 7, 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 Cervantes provided the Invocation, and Supervisor Williams 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.

HHS-Tobacco Presentation

Ms. Karen Christensen of the Inyo County Health and Human Services Tobacco Program presented an award to Sheriff Dan Lucas commending him for his support of the Program’s efforts to stop the sale of tobacco to minors.

Sheriff/Post Academy Training

Representatives of the Sheriff’s Department presented a video on Post Academy Training, which highlighted the training that all Inyo County Sheriff’s Deputies must complete in order to become POST certified.

Org.-Arts Council/Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve Amendment #1 to the Contract between the County of Inyo and the Inyo Council for the Arts, increasing the Contract amount from $39,079.33 to $39,129.00 and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.    Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to review the regular library hours and authorize all library branches to be closed on the following Saturdays because of 3-day holiday weekends in 2007: February 10, February 17, May 26, September 1, and November 10.    Motion carried unanimously.

Sr. Program/Bd. Appointments

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to appoint Ms. Roberta Matlick and Dr. Milton Jones to vacancies on the IMAAA Governing Board.   Motion carried unanimously.

Assessor/Bertholf Contract with CA Assessors

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the Contract between the California Assessors’ Association, Harold W. Bertholf, Inc., and the Assessors of eighteen California Counties for the provision of a Petroleum and Geothermal Property Sales Study, in an amount not to exceed $97,020 per year, with Inyo County contributing $2,310/year, for the period of November 1, 2006 through October 31, 2008, and authorize the Assessor to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

HHS-Hlth. Serv./ Provera P.O.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to award the bid to and approve the purchase of Depo Provera from Dwayne’s Friendly Pharmacy in an amount not to exceed $15,000.   Motion carried unanimously.

HHS-Mental Hlth./Medical Managed Care Plan

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify the Contract between the State of California and the County of Inyo to provide that the Inyo County Mental Health is the MediCal Managed Care Plan for Inyo County for the period beginning July 1, 2006 and ending June 30, 2009, in the amount of $185,566.35 for FY 2006-07; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Hlth.Serv. / Central Valley Immunization Info System

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify and approve the Contract between the County of Inyo and the State of California for the provision of participating in the Central Valley Immunization Information System (CVIIS) for the period of July 1, 2006 through June 30, 2007, in the amount of $15,000; and authorize the Chairperson to sign.   Motion carried unanimously.

HHS-Emergency Serv./Operational Area Service Contracts

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify, approve and authorize the Chairperson to sign the multi-year contracts for emergency ambulance services, for the period of June 1, 2006 through July 31, 2014 with the following:  

A) Operational Area 1 – Symons Emergency Specialties, Inc.;

B) Operational Area 4 – Lone Pine Volunteer Fire Department; and

C) Operational Area 5 – Olancha Cartago Fire Department.   Motion carried unanimously.

Probation/

Extended Day Program Contract

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify and approve the Contract between the County of Inyo and the Office of Education for the Extended Day Program for the period of July 1, 2006, through June 30, 2007 in an amount not to exceed $21,125; and authorize the Chairperson to sign.   Motion carried unanimously.

Probation/ Delinquency Prevention Program Contract

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify and approve the Contract between the County of Inyo and Healthy Communities for a Delinquency Prevention Program, for the period of July 1, 2006 through June 30, 2007, in an amount not to exceed $30,000; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W./MHA Environmental Consulting Contract Amendment

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to ratify and approve Amendment No. 1 to the Contract between the County of Inyo and MHA Environmental Consulting, Inc., increasing the Contract amount from $109,000 to $171,000 for additional environmental services for the Dehy Park Improvement Project, and extending the term of the Contract from December 30, 2006 to June 30, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

HHS-Misc./Dept. Reorganization

The request to have the following changes to requested positions made, was pulled at the request of the Department: A) decrease authorized strength by deleting the Director of Program and Fiscal Evaluation position at Range 82 ($4,840 - $5,876); B) create the following positions - Health and Human Services Fiscal Director at Range 82 ($4,840 - $5,876); Management Analyst I/II at Ranges 74 ($3,999 – $4,861) and 78 ($4,395 - $5,343); C) increase authorized strength by adding one Management Analyst I/II position at Range 74 or 78 and authorize the fill of this position at either level contingent upon qualifications; and D)   increase the authorized strength by adding a Fiscal Director position at Range 82 ($4,840 - $5,876) and authorize the filling of this position through a closed promotional recruitment.

PA-PG/Apptoint-ment. Of PA-PG Elect P. Barton

Ms. Sallie Cline, retiring Inyo County Public Administrator/Public Guardian (PA/PG), explained that in order to have the Courts appoint Patricia Barton, PA/PG Elect, as the Conservator for current conservatees, official action from the Board of Supervisors appointing Ms. Barton as the PA/PG must be submitted to the Court prior to Ms. Cline’s retirement.   The Board thanked Ms. Cline for her years of service and untiring efforts on behalf of those Inyo County residents she has represented as the Public Administrator/Public Guardian.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to accept the resignation of Sallie I. Cline as the Public Administrator/Public Guardian effective December 29, 2006, the Inyo County Coroner’s declination to perform the duties of Public Administrator/Public Guardian and appoint Patricia Barton to the position of Public Administrator/Public Guardian effective December 30, 2006.   Motion carried unanimously.

HHS-Behavioral Hlth./Elm Tree Trailer Park Lease

Gail Zwier, Behavioral Health Program Director, provided additional information and further justification for the location of a Wellness Center, to be located in the Elm Tree Trailer Park.   Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the Lease Agreement between the County of Inyo and Elm Tree Trailer Park, for the real property described as 587 Third Street, Bishop, CA, in an amount not to exceed $1,000 per month for the period of November 7, 2006 through November 6, 2007; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

HHS-Behavioral Hlth./5150 Training Reg.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize paying $260 for the registration fee for a non-County employee to attend the 5150 Process Training to be paid through Mental Health Funds.   Motion carried unanimously.

Resol. #2006-56/ Ambulance Rates

On a motion by Supervisor Arcularius and a second by Supervisor Cervantes, Resolution No. 2006-56, was approved, setting maximum rates for ambulance services for Inyo County and rescinding Resolution No. 2002-15: motion unanimously passed and adopted.

Probation/Father Flanagan’s Boys & Girls Home Training Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to approve the Contract between the County of Inyo and Father Flanagan’s Boys and Girls Home for training of Staff at the Juvenile Center, for the period of November 27, 2006 through December 1, 2006, in an amount not to exceed $39,470.53, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.   Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 9:55 a.m., to reconvene at 10:05 a.m., with all Board Members present.

Ord. 1121/ Weighing & Measuring Device Inspection Fee

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Ordinance 1121, entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Inyo County Ordinance No. 629 and 965 Dealing with Weighing and Measuring Device Inspection and Fees, in Order to Reflect AB 889 (Chapter 529 2005 Legislation) Authorizing the County Board of Supervisors to Charge Point-of-Sale Inspection Fees and Annual Registration Fees and Setting Maximum Fee Limits,” was adopted: motion unanimously passed and adopted.

P.W.-County Counsel/New RFP for Big Pine Care Facility and QOLA Lease Negotiations

The Public Works Director provided additional information and further justification for the recommendation to terminate lease negotiations with QOLA for the Big Pine Care Facility and to issue an updated RFP for the facility.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to A) direct the Office of County Counsel to notify the Quality of Life Association (QOLA) that effective November 7, 2006, the negotiations between the County and QOLA for the lease and development of the former Big Pine Care Facility is terminated; and B) direct the Public Works Director to prepare an updated Request for Proposals (RFP) to be published for the lease and development of the former Big Pine Care Facility after consideration and approval by the Board.   Motion carried unanimously.

Emergency Serv./Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to amend the FY 2006-07 Disaster Service Budget Unit 023700 by increasing estimated revenue in State Grants (Revenue Code #4498) by $130,961 and increasing appropriations as recommended by Staff by $130,961.   Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors Meetings of October 17, 2006; and October 31, 2006.   Motion carried unanimously.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the minutes of the October 30, 2006 meeting of the Board of Supervisors.   Motion carried unanimously, with Supervisor Bilyeu abstaining.

Bishop/Gen. Municipal Election Support

Moved by Supervisor Williams and seconded by Supervisor Arcularius to render specified services to the City of Bishop relating to the conduct of a General Municipal Election to be held on Tuesday, March 6, 2007, per the City of Bishop Resolution No. 06-21.   Motion carried unanimously.

Ord. 1122/Reata Rd. Speed Limit

On a motion by Supervisor Williams and a second by Supervisor Cervantes, Ordinance 1122 was adopted, establishing 45 miles per hour as the prima facia speed limit on Reata Road:   motion unanimously passed and adopted.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including one member meeting with the Grand Jury for a courtesy visit, efforts to establish a “community foundation” for the purpose of receiving grant funds for community projects, the first meeting of the new Transit Authority scheduled for November 15, 2006, visits to the Tecopa/Shoshone area and meetings with constituents in the area; report on the recent JULS meeting in Ridgecrest; a Mental Health Board Meeting; meetings with interested parties regarding the Big Pine Care Facility; recent trip to Sacramento to meet with legislators on Yucca Mountain issues; the Wild Iris Annual Run; Sheriff Lucas’s Retirement Party; a Technical Committee Meeting; and a report by the County Administrator regarding the screening of two applicants for Planning Director.

Closed Session

The Chairperson recessed open session at 10:50 a.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 29.   CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code § 54956.9(a)(c)]. Two Cases  - A) 2006-10 Annual Operations Plan Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; and B) Drought Recovery Policy Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order for Judgment, Inyo County Superior Court Case No. 12908; No. 30.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - County of Inyo v. Department of the Interior, et al. - United States District Court for the Eastern District Case No. 1:06-CV-1502-AWI-DLB; No. 31. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - Patrick O’Dell v. Inyo County Sheriff’s Department et al. - United States District Court for the Eastern District Case No. 1:06-CV-00658-OWW-SMS; and No. 32.   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 11:05 p.m., to reconvene in open session, with all Board Members present.  

CAO-Personnel/ Elected Officials Increase

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes 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 Increase the Salary for Certain Elected County Officials, Excluding Members of the Board of Supervisors” and schedule the enactment for 10:00 a.m., November 14, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 11:10 a.m., to reconvene in closed session with all Board Members present to continue discussion on those items previously noted for closed session. The Chairperson recessed closed session at 12:30 p.m., to reconvene in open session at 3:00 p.m. and immediately recess open session and reconvene in closed session with all Board Members present to continue discussions on those items previously noted for closed session.

Report on Closed Session

The Chairperson recessed closed session at 4:42 p.m., to reconvene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 31.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - Patrick O’Dell v. Inyo County Sheriff’s Department et al. - United States District Court for the Eastern District Case No. 1:06-CV-00658-OWW-SMS, which is litigation brought by Mr. O’Dell against the Inyo County Sheriff’s Department, Superior Court Judge Dean Stout and Assistant District Attorney David Cristensen.   This action by Mr. O’Dell is for alleged civil rights violation through the seizure and confiscation of his firearms. The Board in a unanimous five-to-zero vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, directed the County to defend and indemnify Phil McDowell and Linda Anisman; and directed the Office of County Counsel to defend these individuals and the Child Support Services Department and the Inyo County Sheriff’s Department.

Adjournment

The Chairperson adjourned the regular meeting at 4:45 p.m., to 9:00 a.m., Tuesday, November 14, 2006 in the Board of Supervisors Room, at the County Administrative Center, in Independence.