County of Inyo Board of Supervisors Board of Supervisors Room County Administrative Center 224 North Edwards Independence, California All members of the public are encouraged to participate in the discussion of any items on the Agenda. Anyone wishing to speak, please obtain a card from the Board Clerk and indicate each item you would like to discuss. Return the completed card to the Board Clerk before the Board considers the item (s) upon which you wish to speak. You will be allowed to speak about each item before the Board takes action on it. Any member of the public may also make comments during the scheduled Public Comment period on this agenda concerning any subject related to the Board of Supervisors or County Government. No card needs to be submitted in order to speak during the Public Comment period. Public Notices: (1) In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting please contact the Clerk of the Board at (760) 878-0373. (28 CFR 35.102-35.104 ADA Title II). Notification 48 hours prior to the meeting will enable the County to make reasonable arrangements to ensure accessibility to this meeting. Should you because of a disability require appropriate alternative formatting of this agenda, please notify the Clerk of the Board 72 hours prior to the meeting to enable the County to make the agenda available in a reasonable alternative format. (Government Code Section 54954.2). (2) If a writing, that is a public record relating to an agenda item for an open session of a regular meeting of the Board of Supervisors, is distributed less than 72 hours prior to the meeting, the writing shall be available for public inspection at the Office of the Clerk of the Board of Supervisors, 224 N. Edwards, Independence, California and is available per Government Code 54957.5(b)(1). Note: Historically the Board does break for lunch; the timing of a lunch break is made at the discretion of the Chairperson and at the Board s convenience. March 20, 2018 8:30 a.m. 1. PUBLIC COMMENT CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Pursuant to paragraph (1) of subdivision (d) of Government Code 54956.9] County of Inyo v. Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVCV 18-61899 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Pursuant to paragraph (1) of subdivision (d) of Government Code 54956.9] County of Inyo v. Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVCV 18-62064 (Eminent Domain Independence); Case No. SICVCV 18-62065 (Eminent Domain Lone Pine); and Case No. 18-62067 (Eminent Domain Bishop). 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION [Pursuant to paragraph (1) of subdivision (d) of Government Code 54956.9] Los Angeles Department of Water and Power v. County of Inyo, Inyo County Superior Court Case No. SICVCV 18-62052 5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code 54956.9 (one case). 6. CONFERENCE WITH LABOR NEGOTIATORS [Pursuant to Government Code 54957.6] Employee organizations: Deputy Sheriff s Association (DSA); Elected Officials Assistant Association (EOAA); Inyo County Correctional Officers Association (ICCOA); Inyo County Employees Association (ICEA); Inyo County Probation Peace Officers Association (ICPPOA); IHSS Workers; Law Enforcement Administrators Association (LEAA). Unrepresented employees: all. Agency designated representatives: County Administrative Officer Kevin Carunchio, Assistant County Administrator Rick Benson, Deputy Personnel Director Sue Dishion, County Counsel Marshall Rudolph, and Assistant County Counsel John Vallejo. OPEN SESSION (With the exception of timed items, all open-session items may be considered at any time and in any order during the meeting in the Board s discretion.) 10:00 a.m. PLEDGE OF ALLEGIANCE 7. REPORT ON CLOSED SESSION 8. PUBLIC COMMENT 9. COUNTY DEPARTMENT REPORTS (Reports limited to two minutes) Board of Supervisors AGENDA 1 March 20, 2018
10. PRESENTATION Advertising County Resources Request Board receive a brief report/presentation regarding Inyo County s booth at the California State Fair. CONSENT AGENDA (Approval recommended by the County Administrator) COUNTY COUNSEL 11. Request Board approve Amendment No. 1 to the agreement for legal services with Eastern Sierra Transit Authority and authorize the Board Chair to sign the contract, contingent upon all appropriate signatures being obtained. COUNTY ADMINISTRATOR 12. Parks & Recreation Request Board: A) declare Wright s Rainbows of Thatcher, ID a solesource provider of rainbow trout for supplemental fish stocking; and B) authorize a purchase order to Wright s Rainbows of Thatcher, ID in the amount of $20,000 for the purchase of rainbow trout. HEALTH AND HUMAN SERVICES 13. Fiscal Request Board: A) declare Varidesk LLC a sole-source provider of ergonomic office furniture; and B) approve a blanket purchase order to Varidesk LLC in the amount of $18,871.35 in multiple HHS budgets for the purchase of 37 ergonomic desks and 19 anti-fatigue mats. PUBLIC WORKS 14. 15. 16. 17. 18. Request Board: A) award the bid for the Shoshone Airport Crack Repairs, Slurry Seal, Markings Project to American Asphalt South, Inc. of Fontana, CA in the amount of $83,128.80; B) approve the construction contract with American Asphalt South, Inc. in the amount of $83,128.80 and authorize the Chairperson to sign, contingent upon all appropriate signatures being obtained; and C) authorize the Public Works Director to execute all other Project Contract documents, including Contract Change Orders, to the extent permitted by Public Contract Code Section 20142 and other applicable laws, contingent upon all appropriate signatures being obtained. Request Board: A) adopt the plans and specifications for the Whitney Portal Road and Horseshoe Meadow Road Permanent Restoration Repair Project; and B) authorize the Public Works Director to advertise for bids for the project. Request Board: A) approve Amendment No. 1 to the Memorandum of Agreement with the City of Bishop for Building Permitting and Inspection, to Provide Technical Review of Final Parcel Maps and Final Subdivision Maps; and B) authorize the Chairperson to sign, contingent upon all appropriate signatures being obtained. Request Board: A) approve the Standard Lease Agreement between Timothy Fillmore and Allison Fillmore and the County of lnyo for office space at 568-A W. Line Street, Bishop, CA for the initial period of April 1, 2018, through March 31, 2021, with two (2) one-year options, in the initial lease amount of $1,515.40 per month for the first three years, with a maximum allowable increase of 2% for each subsequent option year, contingent upon the Board s adoption of future budgets; and B) authorize the Chairperson to sign the Lease contingent upon all appropriate signatures being obtained. Request Board appoint David Tanksley and Scott McKenzie to the County Service Area No. 2 (Bishop Creek Sewer) Advisory Committee, each to unexpired four-year terms ending April 12, 2021. SHERIFF S DEPARTMENT/COUNTY ADMINISTRATOR 19. Emergency Services Request Board approve the State of California Standard Agreement No. 6133R-2017 between the California Governor s Office of Emergency Services (CalOES) and the County of Inyo Sheriff s Department for the utilization of one microwave link circuit between the Independence Caltrans yard and the Rogers Peak radio repeater site, in an amount not to exceed $65,000 for the period of March 20, 2018 through December 31, 2020 with a one-year extension option, contingent upon the approval of future budgets, and Board of Supervisors AGENDA 2 March 20, 2018
authorize the Sheriff (or his designee) to sign the agreement. DEPARTMENTAL (To be considered at the Board s convenience) 20. PLANNING Request Board review a draft letter to the Bureau of Land Management regarding the BLM s Notice of Intent to amend the Desert Renewable Energy Conservation Plan and associated Land Use Plans; discuss and provide comments; and potentially approve transmittal of the letter to the BLM with the Chairperson s signature. 21. PROBATION Request Board find that, consistent with the adopted Authorized Position Review Policy: A) the availability of funding for one (1) Legal Secretary I/II position comes exists in the General Fund, as certified by the Chief Probation Officer and concurred with by the County Administrator and Auditor-Controller; B) where internal candidates meet the qualifications for the position, the vacancy could possibly be filled through an internal recruitment, but an open recruitment would be more appropriate to ensure qualified applicants apply; and C) approve the hiring of one (1) Legal Secretary I at Range 56 ($3,227 - $3,916) or Legal Secretary II at Range 60 ($3,541 - $4,301), depending on qualifications, and authorize up to the E Step for qualified applicants. 22. PUBLIC WORKS Request Board find that, consistent with the adopted Authorized Position Review Policy: A) the availability of funding for one (1) Seasonal Building and Grounds Worker position exists in the Building and Maintenance Budget, as certified by the Public Works Director and concurred with by the County Administrator and Auditor-Controller; B) where internal candidates meet the qualifications for the position, the vacancy could possibly be filled through an internal recruitment, but an open recruitment would be more appropriate to ensure qualified applicants apply; and C) approve the hiring of one (1) Seasonal Building and Grounds Worker at Range 50PT ($15.05 - $18.27/hr.), contingent upon the Board s adoption of future budgets. 23. SHERIFF Request Board find that, consistent with the adopted Authorized Position Review Policy: A) the availability of funding for one (1) Food Cook position exists in the General Fund, as certified by the Sheriff and concurred with by the County Administrator and Auditor-Controller; B) where internal candidates meet the qualifications for the position, the vacancy could possibly be filled through an internal recruitment, but an open recruitment would be more appropriate to ensure qualified applicants apply; and C) approve the hiring of one (1) Food Cook at Range 51 ($2,871 - $3,482) and authorize up to the E Step, depending on qualifications. 24. 25. HEALTH AND HUMAN SERVICES/CHILD SUPPORT SERVICES Request Board ratify and approve the Test Rental and Use Agreement Exclusively for California Merit System Services and Program Participants and authorize the County Administrator, HHS Director and Regional Child Support Services Director to negotiate the agreement. HEALTH AND HUMAN SERVICES Fiscal Request Board find that, consistent with the adopted Authorized Position Review Policy: A) the availability of funding for one (1) Administrative Analyst I/II position exists in non-general Fund budgets, as certified by the HHS Director and concurred with by the County Administrator and Auditor-Controller; B) where internal candidates meet the qualifications for the position, an internal recruitment would be appropriate through the State Merit System; C) approve the hiring of one (1) Administrative Analyst I at Range 68 ($4,272 - $5,190) or Administrative Analyst II ($4,479 - $5,448), depending on qualifications; and D) if an internal HHS candidate is hired into the position, authorize HHS to backfill the resulting vacancy. 26. COUNTY COUNSEL/WATER DEPARTMENT Request Board approve Amendment No. 1 to the contract between Gregory L. James, Esq. and the County of Inyo for water/environmental attorney services regarding the Water Department, amending such agreement to increase the contract limit and to adjust the contractor s hourly rate for work directly related to litigation, contingent upon adoption of future budgets, and authorize the Chairperson to sign. 27. COUNTY ADMINISTRATOR Personnel Request Board: A) Find that, consistent with the adopted Authorized Position Review Policy: 1. the funding for one (1) Assistant County Administrator position comes from the General Fund and, possibly, certain Non-General Fund departments depending on job responsibilities and associated budget allocations, as certified by the County Administrator and concurred with by the Auditor-Controller; 2. the vacancy could possibly be filled by internal candidates meeting the qualifications for the position, however, your Board previously authorized an open recruitment to ensure the position is filled with the best qualified candidate; and, Board of Supervisors AGENDA 3 March 20, 2018
3. approve the hiring of an Assistant County Administrator position, Range 96 ($8,386 - $10,198), Step C ($9,246 per month). And B) Designate and authorize the County Administrator to sign a personal services contract with Kenneth Walker for the Assistant County Administrator position, Range 96 ($8,386 - $10,198), Step C ($9,246 per month). 28. CLERK OF THE BOARD Request Board approve the minutes of the regular Board of Supervisors meetings of February 13, 2018 and February 20, 2018. TIMED ITEMS (Items will not be considered before scheduled time but may be considered any time after the scheduled time) 11 a.m. 11 a.m. 29. 30. COUNTY ADMINISTRATOR/COUNTY COUNSEL/PLANNING/PUBLIC WORKS/AG COMMISSIONER Request Board: A) enact an ordinance titled, An Ordinance of the Inyo County Board of Supervisors Repealing Interim Ordinance No. 1216 Prohibiting Commercial Medical and Recreational Marijuana Activities, Including Commercial Cultivation, Distribution, Storage, Manufacturing, Processing, Provision or Sale of Cannabis Products in the Unincorporated Area of Inyo County; and B) conduct a public hearing on proposed commercial cannabis business license application fees and adopt resolution establishing said fees. PLANNING Request Board conduct a public hearing on an ordinance titled, An Ordinance of the Inyo County Board of Supervisors Adding Subsections 3.60.020(A)(20) and 3.60.020(A)(21) to the Inyo County Code Pertaining to the Planning Department Service Fee and Cost Schedule, and enact said ordinance. Note: The agenda items listed below may be considered by the Board at any time during the meeting in the Board s discretion, including before scheduled timed items. COMMENT (Portion of the Agenda when the Board takes comment from the public and County staff) PUBLIC COMMENT BOARD MEMBER AND STAFF REPORTS Board of Supervisors AGENDA 4 March 20, 2018
BOARD OF SUPERVISORS COUNTY OF INYO P. O. BOX N INDEPENDENCE, CALIFORNIA 93526 TELEPHONE (760) 878-0373 FAX (760) 878-2241 e-mail:dellis@inyocounty.us MEMBERS OF T HE BOARD DAN TOTHEROH JEFF GRIFFITHS RICK PUCCI MARK TILLEMANS M ATT KINGSLEY KEVIN D. CARUNCHIO Clerk of the Board DARCEY ELLIS Assistant Clerk of the Board March 20, 2018 Jerome E. Perez, California State Director United States Bureau of Land Management 2800 Cottage Way, Rm W-1623 Sacramento, California 95825 SUBJECT: California Desert Renewable Conservation Area Plan and the Bakersfield and Bishop Resource Management Plans. Dear Director Perez: The County of Inyo offers the following comments in response to Presidential Executive Order 13783, and the related Notice of Intent published in the Federal Register on February 2, 2018 (83 FR 4921) seeking comments about possible amendments to the Desert Renewable Energy Conservation Plan (DRECP) and the Bakersfield and Bishop Resources Management Plans. First, however, the Inyo County Board of Supervisors wishes to acknowledge and express its appreciation for the Bureau of Land Management s cancellation of the segregation and application to withdraw 1.3 million acres of public lands from possible location and entry under existing mining laws. Of these lands, 270,000-acres were located in Inyo County. Since notice of the segregation and proposed withdrawal was published on December 28, 2016, the Inyo County Board of Supervisors has consistently expressed concern that this decision was made at the 11 th hour without public input or communication with Inyo County despite the County s standing request for coordination which, until then, been a hallmark of the DRECP planning process. The BLM s decision to cancel the segregation and withdrawal resolves Inyo County s primary grievance with the 2016 Record of Decision for the DRECP. Like many citizens and stakeholder groups in our County and throughout the planning area, the County of Inyo invested significant time, effort, staff resources and money to participate in the DRECP planning process. This included utilizing a $700,000 planning grant from the California Energy Commission to develop Inyo County s Renewable Energy General Plan Amendment in tandem with the DRECP. Development of the County s Renewable Energy General Plan Amendment was a hard-wrought process that benefitted from tremendous participation from local citizens as well as regional interest groups. With the exceptions noted below, the County was generally pleased with the BLM s efforts align the DRECP with the County s General Plan. The Board of Supervisors does
Inyo County DRECP Review Comment Letter March 20, 2018 Page 2 not want the BLM s current review of the DRECP to result starting over with a planning process that took over eight years to complete, and we wish to remind the BLM of the County s standing request that BLM s land use plans and policies, including any amendments to the DRECP, be coordinated with Inyo County s General Plan and related policies. Toward that end, it is unlikely that the Board of Supervisors will re-open Inyo County s Renewable Energy General Plan Amendment to identify additional lands in Inyo County for expanded renewable energy development. As BLM considers the parameters, or scope of its review of the DRCEP, the County of Inyo requests consideration of the following issues: Disturbance Caps. The disturbance caps currently identified in the DRECP need to be clarified to apply only to new disturbance; and enhanced, including excluding existing roads and associated rights-of-way. Socio-Economic Impacts. The socio-economic impacts of the DRECP on small rural communities with populations under 10,000 inhabitants, such as those located in Inyo County, need to be studied and incorporated into the Plan. The County has undertaken similar socioeconomic analyses, on a project-specific basis, that can be used to at least initiate this critical analysis left out of the original DRECP planning process. Mitigation Lands. Private land acquisition for mitigation should be eschewed and, if or when, necessary provide compensation to the affected local jurisdiction in the form or monetary reimbursement or, particularly in the case of Inyo County, release of other federal land for private development. Providing funding for the management and enhancement of public lands as an alternative to designating additional public lands for mitigation purposes is desirable, and public lands identified for mitigation should only be so-designated when renewable energy projects come on-line; not in advance or anticipation of these to-date elusive projects. Areas of Critical Environmental Concern. The Board of Supervisors and the public reviewed and supported the inclusion of ACECs in the DRECP in the areas of Manzanar and Owens Lake. However, the ACECs added to the DRECP between the publishing of the draft final map and final map should be rescinded or evaluated through a transparent public engagement process and in coordination with the County. Mapping Errors. While we understand that mapping errors may be inherent in any project on the scale of the DRECP, the Inyo Board of Supervisors would like to see the opportunity provided by the current Plan review used to correct these mapping errors sooner than later. Toward that end, we request that the comment period be extended to allow affected parties to obtain detailed maps from BLM and identify those mapping errors and have them corrected as soon as possible. Rents, Leases and Permitting Relative to Balanced Conservation and Development. To the extent that Inyo County has been identified in the DRECP to host many of the mitigation lands that are intended to facilitate development of renewable energy projects that may be built in other jurisdictions in the planning area, the Board of Supervisors would like to see the DRECP s bargain fulfilled in terms of streamlining the siting of those projects. As it stands, the DRECP has designated all of the conservation lands thereby restricting multiple uses on
Inyo County DRECP Review Comment Letter March 20, 2018 Page 3 those lands but very few, if any renewable energy facilities have been built in exchange. We recommend the permitting process be streamlined, and rents and lease terms aligned to facilitate these projects, to achieve balanced objectives of conservation and development the DRECP was intended to achieve. To the extent practicable, the Inyo County Board of Supervisors favors a minimum-effective dose approach to remedying these issues and believes that most of the County s concerns can be addressed through the DRCEP and Resource Management Plan implementation process and, then, administrative fiat. Toward that end, the Inyo County Board of Supervisors supports a strong, inclusive and local approach to pragmatically resolving these issues through the implementation process, including the creation of an implementation advisory group that includes Inyo County representatives, whenever possible. If amendments to the DRECP or RMPs are, indeed, necessary to respond our concerns, the County requests that such amendments be targeted and narrowly defined to retain as much of the underlying superstructure of the DRECP and RMPs as practicable and avoid the need to undertake another lengthy and costly planning process. Respectfully, Dan Totheroh, Chairperson, Inyo County Board of Supervisors cc: U.S. Secretary of the Interior Ryan Zinke Office of U.S. Senator Diane Feinstein Office of U.S. Representative Paul Cook Deputy Director U.S. Bureau of Land Management, Brian Steed Commissioner Robert Weisenmiller Ph.D., California Energy Commission Commissioner Karen Douglas, J.D., California Energy Commission Commissioner David Hochscild, California Energy Commission Commissioner Andrew Mc Allister, Ph.D., California Energy Commission Commissioner Janea A. Scott, J.D., California Energy Commission Director U.S. Fish and Wildlife Service Regional Director Pacific Southwest Region, U.S. Fish and Wildlife Service Director, California Department of Fish and Wildlife Regional Director, Inland Deserts Region, California Department of Fish and Wildlife District Manager, California Desert District, U.S. Bureau of Land Management Field Manager, Bakersfield Field Office, U.S. Bureau of Land Management Field Manager, Bishop Field Office, U.S. Bureau of Land Management Kern County, Board of Supervisors San Bernardino County, Board of Supervisors Los Angeles County, Board of Supervisors Riverside County, Board of Supervisors San Diego County, Board of Supervisors Imperial County, Board of Supervisors City of Lancaster, City Council