Public Comment

The Chairperson announced the public comment period and Mr. Chris Langley, Inyo County Film Commissioner, invited the Board to the Annual Lone Pine Film Festival. He also presented the Board with this year’s Film Festival poster. He went on to update the Board on filming projects currently taking place in the County. Ms. Lynn Cooper, Inyo Council for the Arts, thanked the Board for their support of the Arts Council in this year’s budget. She briefly updated the Board on the Millpond Music Festival and notified them that the Arts Council is the recipient of a grant that will enhance youth art programs in the County.

County Dept. Reports

The Chairperson announced the County Department Report period. Ms. Jean Dickinson, Director of Health and Human Services, notified the Board of a change in assignment of the Judges and thanked Judge Lamb for his past work with the local juveniles. Mr. Tom Brooks, Water Director, reported on a groundwater conference he had attended. Mr. George Milovich, Agricultural Commissioner, reported on his activities regarding emergency designations for agriculture in Inyo Inyo, as well as other activities he has been involved with including the critical habitat designation for Big Horn Sheep and the Walker River lawsuit.

Introduction

The Board postponed the introduction of Ms. Joey Peterson, Account Clerk and Ms. Mauvra Jacobs, Payroll Technician.

Planning/HOME Program Resolution

The Chairperson announced that the request for approval of a Resolution designating the County Administrative Officer and his or her designees, as authorized County signatories for all program documents required to administer the HOME Investment Partnership Program, pursuant to the Inyo County/California Department of Housing and Community Development’s HOME Program Contract #05-HOME-1692, was pulled at the request of the Department.

Workshop/ Millpond Amphi- theater

The Chairperson recessed open session at 9:30 a.m., to convene in a workshop, with all Board Members present, except Supervisor Brown, to discuss a Millpond Amphitheater. The Chairperson recessed the workshop at 10:15 a.m., to reconvene in open session, with all Board Members present, except Supervisor Brown.

Sheriff/WRAP Ordinance

Sheriff Bill Lutze and Undersheriff John Eropkin provided additional information and further justification for the creation of a Work Release Alternative Program (WRAP). They explained that the Program would be provided to the lower level offenders and should help eliminate the need for early releases at the Jail as a result of overcrowding. They also explained that this Program will help keep the inmate populations at the Jail below 100 inmates, which is the number that requires a doctor at the facility 24/7. The Board, Sheriff and Undersheriff continued to discuss the program. Supervisor Bilyeu requested that the Big Pine Convalescent Hospital property be identified as a work site for the Program. The Undersheriff reminded Supervisor Bilyeu that the Program requires on-the-job County employee supervision of all WRAP participants. Supervisor Bilyeu went on to volunteer his services to supervise WRAP crews when they are assigned to the property. Supervisor Arcularius suggested that all County facilities be designated as Program worksites. County Counsel noted that the ordinance requires the Board of Supervisors to designate the work sites, and suggested that rather than changing the ordinance which would require the “ordinance adoption process” to begin again, that the Board, after they take action on the ordinance, make a second motion to designate all County of Inyo facilities and grounds as work sites for WRAP.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to w aive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors, County of Inyo, State of California Adding Chapter 1.25 to the Inyo County Code Establishing the Work Release Alternative Program (WRAP) for Person Committed to the Inyo County Jail;” and schedule the enactment of the ordinance for 10:00 a.m., on Tuesday, October 2, 2007 in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously, with Supervisor Brown absent.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to designate all County of Inyo grounds and facilities and City of Bishop grounds and facilities to be eligible sites for the Work Release Alternative Program (WRAP). Motion carried unanimously, with Supervisor Brown absent.

Sheriff/New L.P. Substation Purchase

The Sheriff reviewed the request to have the Board declare its intent to purchase a modular building from the Lone Pine School District for the Lone Pine Substation. He confirmed that the money for the purchase is budgeted. Moved by Supervisor Cervantes and seconded by Supervisor Cash to declare the Board’s intent to purchase a modular building at 726 N. Main Street in Lone Pine from the Lone Pine Unified School District to serve as the Lone Pine Sheriff’s Substation for $150,000 and ratify the publication of the Board’s intent to take this final action at 10:00 a.m., on Tuesday, October 16, 2007 in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously, with Supervisor Brown absent.

CAO-ACR Community Project Sponsorship Program Guidelines

Mr. Kevin Carunchio, Deputy County Administrator, provided additional information and further explanation of the Community Project Sponsorship Program. He responded to questions from the Board, explaining that the new grant application should take less time to complete and require less reporting, that the process provides wider flexibility and better accountability of the funds. He talked about his vision for the make-up of the outside Review Committee responded to questions from the Board regarding the Program. Supervisor Cervantes expressed his concern with the use employees from other governmental entities for the Review Committee and questioning the fairness of the process if community organizations are not a part of the review process. Mr. Carunchio explained that the Review Committee was to be made up of people who are not able to apply for the funds. Mr. Paul Bruce, County Counsel, provided additional clarification on the review process. The remaining Board Members also noted that the Board will be the entity making the final decision on the award of grant funds, thus insuring the fairness of the process. Supervisor Cervantes went on to reiterate his previous position that the Chambers of Commerce should be the entities receiving these funds to promote the County. Supervisor Bilyeu said he wanted the Friends of the Mt. Whitney Fish Hatchery and other organizations like them to be able to be considered for these grants and asked that the language, which excluded them be changed. The Board and Mr. Carunchio briefly discussed how the language could be amended. The Board and Staff continued to discuss the Staff recommendations in detail and at length. Ms. Leanne Fields, Big Pine Chamber of Commerce, supported the Program, as did Ms. Arlene Grider of the Independence Chamber of Commerce. Mr. Carunchio clarified that today’s action is to approve the Guidelines and the Standard Contract and explained that if there were comments regarding the application they should be given to him because he intended to “tweak” the application to improve its ease of use for both staff and applicants. He went on to ask that the Board, on page three, strike the “or any State or federal government agency or political subdivision thereof,” language. Mr. Bruce explained that should this language be omitted a corresponding change in the Contract language would also need to be made to make it consistent with who will be able to apply for these grant funds.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Community Project Sponsorship Program Guidelines and County of Inyo Standard Contract No. 159 (Independent Contractor – Community Project Sponsorship Program) with any amendments needed to incorporate the striking of the language as referenced; and to include a year-end Program review next November; and granting Mr. Carunchio, the Deputy County Administrator, the authority to name and convene the Review Panel. Motion carried on a three-to-one vote with Supervisors Arcularius, Cash and Bilyeu voting yes, with Supervisor Cervantes voting no and with Supervisor Brown absent.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 11:15 a.m., to reconvene at 11:30 a.m., with all Board Members present, except Supervisor Brown.

P.W./Court Facility Transfer Documents

Mr. Ron Chegwidden, Public Works Director, provided additional information regarding the documents to transfer approximately 1/3 of the Inyo County Historic Courthouse to the State Judicial Council. He explained that the legislation, which extended the deadline for the transfers of the court facilities throughout the State had failed passage in the legislature and these documents would not be finalized until new legislation extending the deadline is passed. The Board and Staff discussed the transfer, including costs, allocation of responsibility, future liability for expanded court operations; and the shared responsibilities for the facilities.

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve and authorize the Chairperson to sign the following:

A) the Transfer Agreement between the Judicial Council of California, Administrative Office of the courts, and the County of Inyo for the transfer of the Independence Superior Court Facility located in the Independence Courthouse, to the State of California, pursuant to the Trial Court Facilities Act of 2002 (Act);

B) the Joint Occupancy Agreement between the Judicial Council of California, Administrative Office of the Courts and the County of Inyo;

C) the Memorandum of Understanding between the Judicial Council of California, Administrative Office of the Courts, and the County of Inyo for Court Facility Services relating to the Historic Independence Superior Court Facility; and

D) the Memorandum of Joint Occupancy Agreement between the Judicial Council of California, Administrative Office of the Courts, and the County of Inyo.

Motion carried unanimously, with Supervisor Brown absent.

Planning-Yucca Mt./USGS Joint Funding Agreement

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve the Joint Funding Agreement between the County of Inyo and the U.S. Geologic Survey for further water studies for the period of October 1, 2007 through June 8, 2009, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

Planning-Yucca Mt./Proposed Rulemaking Comments

Mr. Matt Gaffney, provided additional information and further clarification on the comment letter on the proposed rulemaking by the DOE. The Board and Mr. Gaffney discussed the comments, with the Board noting that it is difficult to provide comment on the transportation route designation, when those routes remain unknown. Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve the letter providing comments, as recommended and amended by Staff to include concerns on the unknown route designations, to proposed rulemaking by the U.S. Department of Energy (DOE) under Section 180(c) of the Nuclear Waste Policy Act of 1987, as amended, and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Brown absent.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene at 1:00 p.m., with all Board Members present, except Supervisor Brown.

Museum/Update on Relationship between Manzanar and the Museum re: Collection Policy

Ms. Roberta Harlan, Museum Director, reviewed the information provided regarding Manzanar National Historic Site Scope of Collection Statement Final Draft and status of Cooperative Agreement #H8098020001, National Park Service, Manzanar National Historic Site, and the Inyo County Museum Department, Eastern California Museum. Ms. Harlan provided additional information and addressed Staff’s concerns that (a) competing collection activities between the Eastern California Museum and Manzanar could be diminishing both collections, as well as be in violation of those agreements in place which identify responsibilities for the collections, and (b) that the Parks Service appears to be defaulting on their obligations under the Agreements concerning the placement of a “curatorial facility” at the museum. Manzanar Superintendent Tom Leatherman, addressed the Board to assure the Board and the museum that the policy of the Parks Service has not changed, that they support the agreements regarding collection activities, and that they are committed to seeing a curatorial facility built in Inyo County. He also provided further explanation on the purpose of the “Scope of Collection Statement.” The Board asked Staff to continue to improve communications between the Museum and Manzanar to advance the efforts to have the curatorial facility built at the Museum.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 2:00 p.m., to reconvene at 2:15 p.m., with all Board Members present.

Planning/MHA/ RMT Consulting Contract

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve the Contract between the County of Inyo and MHA/RMT Environmental Consulting for the provision of environmental review and processing services for the Conditional Use Permit Application No. 2007-03/Coso Operating Company LLC (water extraction and delivery system project) in an amount not to exceed $310,654 for the period of September 25, 2007 through June 30, 2009; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Brown absent.

Planning/Coso Contract Amendment

Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve Amendment No. 1 to the Contract between the County of Inyo and Coso Operating Company LLC (Coso) for the provision of environmental review and processing services for Conditional Use Permit Application No. 2007-03/Coso Operating Company LLC, increasing the Contract by $175,000 to an amount not to exceed $465,982; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Brown absent.

Water/Workshop on Dept. Financial Outlook

The Chairperson recessed open session at 2:30 p.m., to convene in a workshop with Water Department Staff on a preliminary analysis of the Long Term Financial Outlook for the Water Department. The Chairperson recessed the workshop at 3:15 p.m., to reconvene in open session, with all Board Members present, except Supervisor Brown.

CAO-Admin. Serv./ Anchor Point Wildfire Protection Plan Contract

The Deputy County Administrator, Mr. Chuck Hamilton, provided a brief history of the Contract with Anchor Point Group for the County Community Wildfire Protection Plan. He explained (a) that Mono County, who we had collaborated with on this contract, had notified the Contractor, that they no longer had funding for the project and defaulted; (b) that no one notified Inyo County that work on the project had ceased because of Mono County’s decision to default on the Contract; (c) that the recommendation as Agendized would allow Inyo County to contract individually for the completion of our portion of the Contract; (d) that since the publication of the Agenda, Mono County has advised us that they have received funding to complete the project and are prepared to reinstate the Contract and (e) that Inyo County had joined with Mono County on this Contract in order to take advantage of economies of scale and keep the costs down. The Board and Staff discussed concerns with Inyo County not being notified of the cessation of contract efforts, the need to proceed with Inyo County’s portion of the work in order to completed the Plan, and the cost of proceeding without Mono County. The Deputy County Administrator noted that he has informed the Contractor that Inyo County now expects one Countywide plan for each County and not the original of one plan for Mono County/Northern Inyo County and Southern Inyo County. The Board directed the Deputy County Administrator talk with the Contractor to determine the timelines and deadlines for the conclusion of this project and report back to the Board in late October or early November. The Board took no further action on the request to A) approve the Agreement between the County of Inyo and Anchor Point Group LLC for the preparation of the Inyo County Community Wildfire Protection Plan in the amount of $24,283, and authorize the Chairperson to sign and B) amend the FY 2007-2008 budget to reflect the identified funding source per Board discussion.

Water/Saltcedar Program Change in Authorized Strength

The Water Director, Mr. Tom Brooks, provided additional information and further justification for the request to change the authorized strength in the Saltcedar Program. The Board and Staff discussed the proposed changes. Supervisor Arcularius explained that she will not support future requests for increased staffing in this Program and she expects the Department to provide services with the allocated authorized strength. The Board and Staff discussed identifying on the job descriptions when a position is tied to “grant funds” in order to clarify for applicants that positions are contingent upon continued funding. Supervisor Cash concurred with Supervisor Arcularius regarding the Program providing services within the authorized staffing levels. The Board and Staff continued to discuss funding and staffing issues in the Saltcedar Program, which may be affected by future grant activities. The Board reiterated their position that they would not use “general fund” dollars to subsidize the Water Department’s activities. Moved by Supervisor Arcularius and seconded by Supervisor Cash to A) approve a change in authorized strength by deleting one Saltcedar Program Manager position at Range 74 ($4,243 - $5,157) and adding one Saltcedar Project Coordinator position at Range 70 ($3,861 - $4,695); B) authorize a Departmental closed promotional recruitment for the new position; and C) delete one position within the Department upon the filling of the Saltcedar Project Coordinator position, which may become vacant, and direct that the job descriptions of these positions note that the position is contingent upon continued grant funding. Motion carried unanimously, with Supervisor Brown absent.

District/Bishop Fire District Appointment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to reappoint Mr. Ted Metz to the Bishop Rural Protection District to complete a four-year term ending July 1, 2011. 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 Board of Supervisors Meeting of September 11, 2007. Motion carried unanimously, with Supervisor Brown absent.

Closed Session

The Chairperson recessed open session at 3:55 p.m., to convene in closed session, with all Board Members present, except Supervisor Brown, to discuss and take action, as necessary, on Agenda Items No. 19. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code §54956.9(a) – Sierra Club v. City of Los Angeles Department of Water and Power, Inyo County Superior Court Case No. CVPT-05-347969 (III); No. 20. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code §54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Inyo County Probation Peace Officers Association (ICPPOA); Negotiators – CAO Ron Juliff, Labor Relations Administrator Sue Dishion, Chief Probation Officer Jim Moffett, Deputy County Administrator Kevin Carunchio; No. 21. 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, Labor Relations Administrator Sue Dishion, Chief Probation Officer Jim Moffett, Deputy County Administrator Kevin Carunchio; and No. 22. PERSONNEL (Pursuant to Government Code §54957) – Public Employee Appointment – Title County Administrative Officer.

Report on Closed Session

The Chairperson recessed closed session at 5:30 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 regular meeting at 5:30 p.m., to 9:00 a.m., Tuesday, October 2, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.