County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Harry Williams addressed the Board to express his concern with the dysfunctionality of the Standing Committee membership and to suggest the County request the Governor appoint a Water Master to serve as the third member of the Committee.

County Dept. Reports

The Chairperson announced the County Department Report period. Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on several of the Governor’s health reform proposals that are being discussed including Federal Medicaid and using Health Realignment funds to pay for the Governor’s Universal Health Care Program. Mr. Ron Chegwidden, Director of Public Works, informed the Board of the celebration planned for the restored Brill Car at the Laws Museum, which is scheduled for 10:00 a.m., February 14, 2007. He went on to inform the Board that the contract for avalanche monitoring has been completed and Sue Borak will proceed with the monitoring up Bishop Creek. He also informed the Board that the environmental document for the Laws Railway Restoration Project has been distributed with the comment period closing on March 7, 2007. Mr. Kevin Carunchio, Deputy County Administrator, apprised the Board of a new project he is working on with Mono County and the Town of Mammoth Lakes for a regionalized approach to promote the Eastern Sierra beginning with a facilitated workshop on April 17, 2007 at the Crowley Lake Community Center with local businesses and organizations to establish a network for the development of collaborative opportunities throughout the region. Mr. Matt Gaffney, Yucca Mountain, updated the Board on the drilling projects in southeast County and upcoming community meetings in February and March with the County’s consultant, regarding transportation issues.

Museum/Gulag Exhibit

Ms. Gretel Enck, Park Guide, briefly described the Gulag Exhibit, which is on display at the Eastern California Museum, highlighting some of the stories behind the Exhibit pieces.

Forest Serv./Title III 06-07 Funding

The County Administrator reviewed the recommendations for this year’s Title III funding, noting that this is the last year for the funding and that there are on-going efforts for reauthorization of the funding. Ms. Lo Lyness of the Office of Education briefly described the Outdoor Program, which is offered to local school children at the Bernasconi Center with these funds. Ms. Pamela Jones, Assistant County Superintendent of Schools, addressed the importance of programs being offered as a result of this funding. Sheriff Bill Lutze addressed the Board to review the Search and Rescue programs, which benefit from this funding, explaining that this year the money is earmarked to purchase emergency equipment to assist in rescue efforts.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) reaffirm the use of $72,763.01 of HR2389 Forest Service Special Project Fund revenues for Fiscal Year 2006/2007, divided equally between the Inyo County Office of Education and the County of Inyo for the following purposes: (a) $36,381.50 for Forest Related Educational Opportunities by the Inyo County Office of Education for their Outdoor Science Education Program at the Bernasconi Education Center in Big Pine; (b) $12,127.17 for search and rescue activities on federal lands paid for by the County; (c) $19,500 for an Inyo County Community Wildfire Protection Plan by Anchor Point Group LLC; and (d) $4,754.34 for a grant program for fire prevention and County planning for fire safety councils throughout the County, approve the recommended grant program evaluation application and process, and direct staff to advertise for Request for Proposals (RFPs) for fire prevention and County planning activities for fire safe councils;

B) Authorize the County Administrative Officer to make the necessary appropriation changes to the appropriate budgets to reflect the Board’s use of Fiscal Year 2006/2007 Title III monies in the amount of $72,763.01;

C) Schedule the beginning of the 45-day Public Comment period to begin Tuesday, February 13, 2007 and end Thursday, March 29, 2007; and,

D) Approve the recommended grant program evaluation application and process, and direct staff to advertise for Request for Proposals (RFPs) for fire prevention and County planning activities for fire safe councils after the 45-day Public Comment period has ended. Motion carried unanimously.

Forest Serv./ Secure Rural Schools Funding

Supervisor Arcularius reviewed the request to discuss the efforts to reauthorize the Secure Rural Schools and Community Self-Determination Act funding. She explained that in addition to the Title III money previously discussed there is also approximately $400,000 of Title I funding that comes to the County and the Schools through this Act. She explained that if the programs and projects funded by this money were to continue, without reauthorization, discretionary funds would have to be identified. She also discussed the efforts currently underway by various organizations, i.e., NACo, CSAC, RCRC, to get this funding reauthorized. She went on to say that this is an issue that effects the West and at the present time, support for the reauthorization that is needed from the Eastern Legislators is not sufficient for passage. Ms. Pamela Jones, Assistant County Superintendent of Schools highlighted several of the school districts throughout the State which will be forced to make layoffs and close schools if this funding is not restored.

Ag. Comm./ Chemical P.O.

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to declare Adapco/Fennimore Chemical as a sole-source provider of mosquito abatement chemicals and approve a blanket purchase order to Adapco/Fennimore Chemical for mosquito abatement chemicals in an amount not to exceed $95,000, contingent upon the Board’s approval of the 2006/07 mid-year budget. Motion carried unanimously.

County Counsel/ Conflict Code

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Conflict of Interest Code and the revised 2006 Conflict of Interest Code Biennial Report from the Inyo County Water Department. Motion carried unanimously.

County Counsel/ Conflict Code

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Conflict of Interest Code Biennial Report from the Big Pine Community Service District. Motion carried unanimously.

County Counsel/ Conflict Code

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Conflict of Interest Code Biennial Report and the Conflict of Interest Code from the Agricultural Commissioner. Motion carried unanimously.

HHS-Hlth. Serv./ Local Public Health Emergency Preparedness State Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) ratify and approve the Agreement between the County of Inyo and the State of California Department of Health Services for the provision of Local Public Health Emergency Preparedness for the period of August 31, 2006 through August 31, 2007, and authorize the Chairperson to sign; and B) approve the Non-Supplantation Certification Form and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Hlth. Serv./ EMSA Declaration

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the “Declaration of Intent Not to Apply” for the FY 2006-2007 Emergency Medical Services Appropriations (EMSA) and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Hlth. Serv./ MOU Sierra Health Resources

Moved by Supervisor Cash and seconded by Supervisor Arcularius to ratify and approve the Memorandum of Understanding between the County of Inyo and Sierra Health Resources, Inc., for the purpose of assisting Inyo County HIV positive clients in accessing Housing Opportunities for People with AIDS (HOPWA) assistance for short term emergency financial assistance with rent, mortgage or essential utilities, for the period of July 1, 2006 through June 30, 2007 and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Behavioral Hlth./College Hospital Contract

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve and ratify the Contract between the County of Inyo and College Hospital/Costa Mesa for the provision of inpatient mental health care, including professional services in an amount not to exceed $10,000 for the period of October 15, 2006 through June 30, 2007; and authorize the Chairperson to sign. Motion carried unanimously.

P.W./Plans/Specs Bishop Sr. Center Painting Project

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the plans and specifications for the Bishop Senior Center Painting Project and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously.

P.W./DBE Amendment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) approve the Amendment to the Disadvantaged Business Enterprise Race-Neutral Implementation Agreement and authorize the Chairperson to sign; and B) authorize the Public Works Director to execute any additional amendments for technical or procedural changes to the Agreement. Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 10:00 a.m., to convene in closed session with all Board Members present to discuss Agenda Item No. 25A. Conference with Legal Council - Existing Litigation (Pursuant to Government Code Section 54956.9 (a)] – Little Lake Ranch, Inc., v. Inyo County Planning Commission, County of Inyo; Inyo County Planning Department; and Does 1 through 50 inclusive, Inyo County Superior Court Case No. SICVPT 07-43080. The Chairperson recessed closed session at 10:40 a.m., to reconvene in open session, with all Board Members present.

Planning/Little Lake Ranch, Inc. Appeal of Coso Water Extraction Project

The Chairperson opened the public hearing at 10:40 a.m., to consider the appeal by Bruce Ivey, Little Lake Ranch, Inc., of the December 14, 2006 Planning Commission decision to approve Conditional Use Permit No. 2005-03/Coso Operating Company, LLC (Water Extraction and Delivery Project). Ms. Jan Larson, Senior Planner, reviewed the Staff Report and recommendations, and noted that the Notice of Determination of the Planning Commission’s decision was filed in error after this Appeal was filed. At the conclusion of her remarks, Ms. Larsen requested that the Staff Report and all of the attachments be entered into the record and they were marked Exhibit A. The Clerk of the Board requested that the February 2, 2007 letter from Arnold, Bleuel, LaRochelle, Mathews & Zirbel, LLP, be entered and it was marked Exhibit B. Ms. Larsen went on to ask that the February 5, 2007 letter from Arnold, Bleuel, LaRochelle, Mathews & Zirbel, LLP, be entered and it was marked Exhibit C and the letter received from Provost and Pritchard Engineering Group be entered and it was marked Exhibit D. County Counsel, Mr. Paul Bruce, clarified that the hearing being conducted by the Board of Supervisors was a De Novo hearing and the Board’s decision would be made based solely on the evidence and relevant information provided during the hearing.

Mr. Bruce Ivey, Little Lake Ranch, Inc., addressed the Board. He expressed concern with the Ranch not being notified by the Planning Department of the impending actions regarding the Coso Project, noting that Coso’s own documents identify Little Lake Ranch, Inc., as being potentially impacted by the proposed project. Mr. Ivey went on to question the conditions, which had been placed on the project and the County’s ability to monitor and control the project appropriately. Mr. Gary Arnold, Attorney for the Appellant, explained why they had proceeded with filing the Writ of Mandate, asking that the Board take action as appropriate to address the “Notice of Determination.” Mr. Arnold also requested that the hearing be continued for 60 days in order to give the Appellant sufficient time to review the project information. He went on to review the objections to the project as approved by the Planning Commission and noted in his letter of January 31, 2007. He said that the project is predicted to reduce surface flows to the Little Lake area by 62% over a 20 year period and that must be considered a significant impact on surface water resources. He stated that significant environmental impacts require that an EIR be certified for the project and disputed the County’s ability to approve the project via a Mitigated Negative Declaration. Mr. Arnold also requested that exhibits to support the assertions noted in his letter be entered into the record. County Counsel provided the parameters whereby the exhibits could be entered, explaining that Mr. Arnold would need to produce copies of the documents for each of the Board Members, as well as for the Clerk for the record, the County Administrator and himself. Mr. Arnold noted that he had only the originals and withdrew his request that the documents be entered.

Ms. Shirley Cain, Tribal Administrator for the Bishop Paiute Tribe, addressed the Board to reiterate information provided during the Planning Commission hearing on this matter and detailed in the minutes of that meeting, wherein the Tribe is requesting a continuation of the hearing in order to provide the Tribe sufficient time to study the impact of the project on the Coso Hot Springs which are sacred to the Native Americans.

Mr. Dick Arruda, General Manager of the Coso Geothermal Operations, addressed the Board to provide additional information and a history of the project. He also explained how the Coso Operations are beneficial to the County. Mr. Todd Maiden, Legal Counsel for Coso, and Mr. Stephen Brooks, Project Hydrologist, addressed the Board to support the proposed project. Mr. Gary Arnold and Mr. Bruce Ivy, provided rebuttal comments questioning the County’s ability and desire to control the pumping should it be called for per the conditions attached to the permit. Mr. Chris Ellis, Manager Coso Operations, reviewed in detail the geothermal process utilized by Coso to generate power. The Chairperson recessed the public hearing at 11:55 a.m., to reconvene at 12:05 p.m., with all Board Members present. Ms. Colleen Brock, Compliance Officer for Coso, provided information concerning the timing of the Company’s notification of the project to Little Lake Ranch. The Chairperson indicated his desire to have the public hearing continued in order to provide sufficient time for a review of the project in light of information provided during today’s meeting and asked for a motion.

Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) continue the hearing to consider the appeal by Bruce Ivey, Little Lake Ranch, Inc. of the December 14, 2006 Planning Commission decision to approve Conditional Use Permit No. 2005-03/Coso Operating Company, LLC (Water Extraction and Delivery Project) to 10:30 a.m., April 10, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence, at which time all parties will have the opportunity to offer additional evidence and/or argument; B) direct that the appellant’s attorney, Mr. Arnold provide 8 copies of the documents he wished to offer into evidence to the Clerk of the Board by February 27, 2007, to be marked Exhibit E and that Mr. Arnold also provide copies for Coso, the Bishop Tribe and the Planning Department; and C) direct that any other documents over 10 pages in length to be presented for consideration at the April 10, 2007 hearing be provided by March 27, 2007, as follows: 8 copies to the Clerk of the Board, and copies to Coso, the Bishop Tribe and the Planning Department. Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene in open session at 1:15 p.m., with all Board Members present.

HHS-Social Serv./ Budget Amendment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) amend the FY 2006-07 Social Services Budget Unit 055800 by increasing revenue in Social Services Realignment (Revenue Code #4420) by $8,280.85 and appropriations in Separation Incentive Plan (Object Code #5044) by $8,280.85; and B) authorize the repayment of disallowed Separation Incentive Plan changes to Employers Training Resource in the amount of $8,280.85. Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 1:17 p.m. to reconvene in closed session with all Board Members present to consider Agenda Item No. 25. CONFERENCE WITH LEGAL COUNSEL – EXISTING/ANTICIPATED LITIGATION [Pursuant to Government Code §54956.9(a)(c)]. Two Cases – (A) 2007-10 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. The Chairperson recessed closed session at 3:10 p.m., to reconvene in open session with all Board Members present.

Water Dept./

Standing Comm. Direction

Mr. Tom Brooks, Water Director, provided the Board with copies of the draft agenda for the upcoming Standing Water Committee Meeting. He reviewed each of the items in detail, receiving direction from the Board concerning how the County should proceed. Mr. Daniel Pritchard, representing the Native Plant Society, addressed the Board to support DWP’s position regarding the Interim Management Plan (IMP). The Board and Staff continued to discuss the Agenda Items, with Staff providing additional information regarding the County’s IMP proposal, and an outline of potential considerations for the revision of the Green Book.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 4:55 p.m., to reconvene in open session at 5:05 p.m., with all Board Members present.

P.W./Office of Ed Facility Renovation/

Rehabilitation

Mr. Ron Chegwidden, Public Works Director, reviewed the proposed estimate for the renovation and or rehabilitation of the former County Office of Education Facility. He explained that the estimate including the required ADA upgrades was approximately $237,000. He went on to briefly review the criteria being recommended for assessing the relocation of County programs to the facility. The Board and Staff discussed the recommendations with the Board expressing a desire to pursue the utilization of the facility and their desire to not see this facility deteriorate. The County Administrator explained that the Financial Advisory Committee was developing a policy for the utilization and/or disposal of County properties and that he was hearing the Board wanted to pursue the Office of Ed Facility outside of this process. He went on to suggest that Staff work up two scenarios for the utilization of the facility to reflect the relocation of County operations which would either impact or not impact the General Fund to be returned for further Board discussion. The Board agreed with the County Administrator’s suggestion and directed Staff to proceed with the development of options for the use of the former County Office of Education Facility to house County departments and/or programs.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the Board of Supervisors Meetings of A) January 9, 2007; B) January 15, 2007 and C) January 16, 2007. Motion carried unanimously.

District/B.P. Cemetery District Appointment

Moved by Supervisor Arcularius and seconded by Supervisor Brown to appoint Ms. Bernadine Conner to the Big Pine Cemetery District Board to complete a four-year term ending November 1, 2010. Motion carried unanimously.

BofS/Change in 760 Area Code

Supervisor Susan Cash reported that she had attended the Public Utilities Commission (PUC) meeting in Apple Valley regarding the proposal to change the 760 Area Code for Inyo County. Supervisor Cash informed the Board that there were utility representatives at the meeting who were strongly lobbying for the overlay alternative and that she had expressed the County’s desire to have the PUC conduct a meeting in Inyo County regarding this matter. She went on to briefly review the alternatives being considered, which included no change but the requirement that the area code be dialed for all calls (the overlay alternative). The Board discussed the criteria, which will be used by the PUC to determine how the change will be made as well as the need to get on the record opposing the proposed changes. The Board directed Staff to draft a letter opposing the change in Inyo County’s area code for the Chairperson’s signature.

Board Members and Staff Reports

The Board Members postponed their reports to a future meeting. The County Administrator reminded the Board of the Special Meeting to be held on Monday, February 26, 2007 to conduct a workshop with Yucca Mountain Contractors. He went on to inform the Board that he was going to schedule a closed session on negotiations for that Special Meeting in the afternoon after the workshop.

Closed Session

County Counsel pulled Agenda Items No. 23. 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 and No. 24. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION [Pursuant to Government Code §54956.9 (c)]: Decision Whether to Initiate Litigation (one case), from consideration and went on to report out on the other closed session items discussed.

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 6:10 p.m. to 9:00 a.m., February 13, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.