County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Ms. Sophia Merk, Ridgecrest Resident, addressed the Board to identify her concerns regarding the proposed changes to trash services provided in the southeastern portion of the County.

County Dept. Reports

The Chairperson announced the County Department Report period. Mr. Tom Brooks, Water Director, addressed the Board to thank all of the Departments and Staff who had assisted the Water Department during the recent extended medical absence of two of his Staff Members. Mr. Ron Chegwidden, Public Works Director, updated the Board on efforts to reinstate the Olancha/Cartago Road Project in the STIP, explaining that while the project has been reinstated, it may cause a re-prioritization of other local road projects. Mr. Chegwidden confirmed that the County’s first priority remains the Independence Rehabilitation Project and the second priority is the Lone Pine Rehabilitation Project.

Planning/1 st Time Homebuyers Prg. Guidelines

The Chairperson recessed open session at 9:15 a.m., to convene in a workshop, with all Board Members present, to discuss the First Time Homebuyers Grant Program “Guidelines,” with representatives of the Planning Department. The Chairperson recessed the workshop at 10:20 a.m., to reconvene in open session at 10:30 a.m.

Ord. 1129/ Premium Pay for Elected Official

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Ordinance 1129, 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 adopted: motion unanimously passed and adopted.

Presentation

Mr. Tom Van Sant, Oak Creek Resident, made a detailed presentation on his concerns with Caltrans using the Independence Pit for the U.S. Highway 395 4-lane Road Projects. (Mr. Van Sant’s presentation included over-sized charts, photographs and graphs that were not included as a part of the Board’s permanent record.) At the conclusion of Mr. Van Sant’s presentation the Board explained that the use of the site is governed by the BLM and the County only has authority over the “Reclamation Plan” for the project. A Representative of Caltrans clarified that the only change in the project is to include the “batch” plant at the site, that the use of the material is already approved and that the use of the pit is temporary and will be discontinued once the highway improvement projects are completed.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 11:15 a.m., to reconvene at 11:35 a.m., with all Board Members present.

Resol. #2007-23/ Long Term Water Agreement Amendment to Include the Hanby Parcel as being available for Land Release under the Agreement

Ms. Tanda Gretz, Senior Planner, reviewed the Staff Report and recommendations regarding amending the Long Term Water Agreement to make the Hanby Parcel available for release under the Agreement. Ms. Gretz submitted a letter opposing this action received from Ms. Alicia James. Ms. Gretz confirmed that the action being taken by the Board today, would only make the maps attached to the LTWA accurate to reflect the Hanby Parcel is eligible for release. She confirmed that it was at the direction of the Board of Supervisors, based on the Bishop Land and Water Committee’s recommendation, that the Hanby Parcel was included. The Board clarified that the term project is this instance is simple the action of amending the maps and is not approving the parcel for release. Supervisor Cash expressed a concern with LADWP’s reluctance to address the concerns of “backyard” easements associated with the Hanby Parcel and asked that assurance be given that people will not have their backyards disappear because of the inclusion of the property. Ms. Gretz explained that those types of assurances would be premature and not associated with this action, because this action is only allowing the Parcel to be identified as being available for release. She went on to explain that once the property is determined by DWP to be released their release process will begin and should include discussions with surrounding property owners. County Counsel, Mr. Paul Bruce, confirmed that today’s action by the Board of Supervisors is a priority in order to get the Hanby Parcel released. On a motion by Supervisor Cash and seconded by Supervisor Arcularius to adopt Resolution No. 2007-23 certifying the Negative Declaration for the proposed project regarding the Hanby Street parcel, certifying that the requirements of CEQA have been satisfied, and directing staff to file a Notice of Determination with the Inyo County Clerk and approving the amendment to the Long Term Water Agreement (LTWA) to modify one of the maps comprising Exhibit B of the LTWA to include a 16.7-acre, Los Angeles-owned, property in the Bishop area known as the Hanby Parcel so that the parcel will be eligible to be released as part of the seventy-five acres to be released to the public under the LTWA: motion unanimously passed and adopted.

E. Health/CA Dept. of Education Agreement for SFSP

Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve the Agreement between the County of Inyo and the California Department of Education for the provision of Health and Sanitation services from July 1, 2007 through September 30, 2007 and authorize the Director of Environmental Health Services Department to sign standard agreement contracts between Inyo County and the California Department of Education for food service operations for the Summer Food Service Program (SFSP) in Inyo County, contingent upon obtaining the appropriate signatures. Motion carried unanimously.

HHS-Hlth. Serv./ Medi-Cal Targeted Case Mgmnt. Participation Agreement

Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve the Medi-Cal Targeted Case management Provider Participation Agreement between the County of Inyo and the State of California for the period of July 1, 2007 through June 30, 2012; and authorize Denelle Carrington, HHS Administrative Analyst II to sign the Agreement and the Contractor Certification Clause (CCC) as the Local Agency (LGA) coordinator for the County of Inyo. Motion carried unanimously.

HHS-Hlth. Serv./ MAA Contract Amendment

Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve Amendment No. A01 to the Agreement between the County of Inyo and the State of California for approved Medi-Cal Administrative Activities (MAA) to extend the agreement for an additional 2-years, establishing the Agreement period as July 1, 2004 through June 30, 2009 and increasing the maximum amount of the agreement by $925,000 for a total reimbursement amount of $1,825,000; and authorize the Director of Health and Human Services to sign. Motion carried unanimously.

HHS-Inyo First Five/Denelle Carrington Appt.

Moved by Supervisor Brown and seconded by Supervisor Arcularius to A) terminate the appointment of Lita Shepard as the HHS Director’s designee to the Commission and B) appoint Denelle Carrington as the Director’s designee to complete an unexpired term ending April 20, 2008. Motion carried unanimously.

HHS-Behavioral Hlth./Canyon Acres Contract

Moved by Supervisor Brown and seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Canyon Acres Children & Family Services for the provision of mental health services in an amount not to exceed $55,000 for the period of July 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.

Integ. Waste/ South County Solid Waste Operations

The Deputy County Administrator, Mr. Chuck Hamilton, reviewed the history of the discussion regarding the solid waste operations in south County, as well as the follow-up information, which had been provided since the last discussion on this matter on March 20, 2007. Members of the public who addressed the Board to ask that public meetings be conducted with the residents and other stakeholders before the Board takes action to discontinue or change any of the services were Ms. Sophia Merk, Ridgecrest Resident, Ms. Kathy Goss, Darwin Resident, Mr. Joseph Sonia from Homewood Canyon, Ms. Mary Nisson (?), Darwin Resident, Ms. Patricia Lemlie (?), Darwin Resident. Supervisor Cervantes concurred with his constituents’ request. Several Supervisors indicated they would be willing to participate in a meeting in south County, qualifying that they wanted to see where the meeting was going to be held and a draft agenda of the meeting before agreeing. The Board directed that Mr. Hamilton confer with Supervisor Cervantes to determine a meeting time, date and location and develop an agenda for a Special Meeting to be held in south County regarding solid waste operations to be returned for the Board’s consideration in the near future.

Board of Equalization

The Chairperson recessed the regular meeting at 1:00 p.m., to convene as the Inyo County Board of Equalization. (See separate minutes.) The Board reconvened in open session at 2:00 p.m., with all Board Members present.

CAO-Econ. Dev./ Film Commission

Mr. Kevin Carunchio, Deputy County Administrator made a detailed presentation on the Inyo County Film Commission. At the conclusion of his presentation, Mr. Carunchio, Mr. Chris Langley the current Film Commission Liaison, and the Board discussed the various options available regarding the continued operations of a Film Commission in Inyo County. The consensus of the Board was that a Film Commission is valuable in the promotion of the County. They recognized and thanked Mr. Langley for his efforts over the past several years. Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to direct Staff to develop a contract and scope of work between the County of Inyo and Mr. Chris Langley as a sole-source provider of Inyo County Film Commission services, including a budget for FY 2007-08 to be brought back for the Board’s consideration. Motion carried unanimously.

Org./Lone Pine Chamber “Catch the Gold” Promotion Funding

Representative of the Lone Pine Chamber of Commerce addressed the Board to provide additional information and further clarification for the request for additional Advertising County Resources (ACR) funding for their “Catch the Gold” Golden Trout Promotion. The Board expressed concern that the money for the promotion had been spent before the Board’s approval, thus setting up an expectation that there would be funding. The Board also expressed concern with funding an ongoing promotion, rather than in previous requests, i.e., Outdoor Writer’s Conference, which was a one-time event. Supervisor Bilyeu questioned the Chamber as to the Department of Fish and Game’s (DFG) input on the results of this promotion, which is to increase the number of anglers fishing for golden trout. The Chamber explained that DFG has attended some of their meetings regarding this project, but they were unaware of an official position from the Department. Mr. Carunchio also provided further clarification on the Chamber’s budget status with regard to the County’s appropriation this year. The Board directed Staff and asked the Chamber to return with details on the Chamber’s budget expenditures for this year’s ACR allocation and the DFG’s position on this promotion before considering the request before them today which is to A) supplemental Advertising County Resources Program funding for the “Catch the Gold” Golden Trout Promotion; B) take action, as appropriate, to identify and appropriate funds for any additional Advertising County Resources funding the Board may provide for the project; (4/5’s vote required to amend the County Budget) ; and C) if necessary, authorize the County Administrator to sign an amendment to the Advertising County Resources Contract between the County of Inyo and the Lone Pine Chamber of Commerce for the project, in the amount determined by your Board, contingent upon the appropriate signatures being obtained.

Integ. Waste/ Tecopa Sewage Lagoon

The Chairperson recessed open session at 4:00 p.m. to convene in a workshop, with all Board Members present except Supervisor Brown, who had recused herself and left the meeting, to discuss options and alternatives for the Tecopa Sewage Lagoon, with Staff from Integrated Waste Management and Public Works. The Chairperson recessed the workshop at 4:55 p.m., to reconvene in open session, with all Board Members present.

Library/Joint Use Operating Lease

Moved by Supervisor Cash and seconded by Supervisor Brown to approve the Big Pine Unified School District And Inyo County Joint Use Library Operating Lease; and authorize the Chairperson to sign. Motion carried unanimously.

Resol. #2007-24/ Findings re: Employee Disability

On a motion by Supervisor Arcularius and a second by Supervisor Cash Resolution No. 2007-24, entitled “A Resolution of the Inyo County Board of supervisors Making Findings and Determinations Required by Government Code Section 21156 Concerning Incapacitation and Disability of an Employee,” was adopted: motion unanimously passed and adopted.

County Counsel/ Kirby Contract Extension

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve Amendment No. 1 to the agreement between the County of Inyo and John D. Kirby, A.P.C., exercising the option to extend the Contract for the provision of civil litigation services for the term of July 1, 2007 through June 30, 2008, at the rate of $180 per hour, for a contract limit of $200,000 for the term of the contract extension, contingent upon the Board’s adoption of a FY 2007-08 Budget; and authorize the Chairperson to sign. Motion carried unanimously.

D.A./Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cash to amend the FY 2006-07 District Attorney Budget Unit 022400 by increase estimated revenue in Restitutions (Revenue Code #4676) by $2,606 and increasing appropriations in Special Appropriations (Object Code #5321) by $2,606. Motion carried unanimously.

Senior Pgrm./ Budget Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to amend the FY 2006/2007 IMAAA/IMSP Budget (Budget Unit #612500) as follows: increase estimated revenue in Donations, Object Code #4951 by $64,000 and decrease appropriation in Utilities, Object Code #5351 by $754. Motion carried unanimously.

P.W./Gift of Easement

The Board thanked Ms. Dekens for her gift of her property as an easement for the Dehy Park and asked Staff to convey their appreciation to Ms. Dekens. Moved by Supervisor Cash and seconded by Supervisor Cervantes to accept the gift of an easement for public road purposes granted by Georgia L. Dekens for the Dehy Park Improvement Project as recommended by Staff. Motion carried unanimously.

Sheriff/DEA Eradication and Suppression Grant

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve the application for the DEA Domestic Cannabis Eradication/Suppression Grant funding in the amount of $21, 000; and authorize the Sheriff to sign the grant application and all other necessary documents. Motion carried unanimously.

Water/James Contract Extension

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve Amendment No. 3 to the Contract between the County of Inyo and Gregory L. James, Attorney at Law, exercising the option to extend the Contract for the provisions of Water/Environmental Attorney services, for the period of July 1, 2007 through June 30, 2008, at the rate of $5,670 per month for a total of 504 hours of legal services during the twelve month extension term (hourly cost equals $135 per hour) and $140 for every hour of legal services provided in excess of 504 hours during the twelve month extension period, for a total contract amount of $80,000, contingent upon your Board’s adoption of a FY 2007-08 Budget; and authorize the Chairperson to sign. Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including an update on legislation and the Governor’s May Revise.

Closed Session

The Chairperson recessed open session at 5:15 p.m., to convene in closed session, with all Board Members present, to discuss Agenda Item No. 25. 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).

Report on Closed Session

The Chairperson recessed closed session at 6:25 p.m., to convene 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 regular meeting at 6:25 p.m., to 9:00 a.m., Tuesday, June 12, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.