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, September 20, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard Cervantes.  Supervisor Bilyeu provided the Invocation, and Supervisor Arcularius 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.  Mr. Ron Chegwidden, Acting Public Works Director, updated the Board on some upcoming Road closures on Friday, September 23, 2005, in the Bishop area, for the Indian Days Celebration Parade and in Big Pine, on October 1, 2005, for the Homecoming Parade.

BofS/T-Rex Project Presentation

Dr. Vanda Grubišić, Director, ACES VisLab and representing the Desert Research Institute (Reno, NV) and the National Center for Atmospheric Research (Boulder, CO,) made a presentation on the Terrain-induced Rotor Experiment, AKA the T-REX Project.

HHS-Behavioral Hlth./Mental Hlth Adv. Board Appointments

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to make the following appointments to the Mental Health Advisory Board: (a) Ms. Deborah Breazeale to complete a four-year term ending June 30, 2008, and (b) Mr. Duane Blume to complete an unexpired three-year term ending June 30, 2006.  Motion carried unanimously. 

Rd. Dept./BLM Hold Harmless

Moved by Supervisor Bilyeu and seconded by Supervisor Cash to hold the Bureau of Land Management (BLM) harmless for the Inyo County Road Department’s proposed excavation of rock in the Crystal Spring Mine (CACA 47328) located near Shoshone, CA.  Motion carried unanimously.

Resol. #2005-48/ HOME Investment Application

The Chairperson announced that the Board would be taking comment on the HOME Investment Partnership Program.  Mr. Chris Kennedy, Senior Planner, presented the Board with a completed application and Resolution for the HOME Investment Partnership Program available through the Housing and Community Development Department of the State of California.  He explained that the process for this funding is not as competitive as in the past and also that one-half of the funds have been reserved for rural jurisdictions.  The Board and Staff discussed the information contained in the application, including a detailed discussion regarding the administration of the Program.  County Counsel, Mr. Paul Bruce, noted that this was the first time County Counsel had seen the completed application, highlighting several areas of concern. Mr. Bruce suggested that should the Board wish to proceed with the approval of this item that they make it contingent upon County Counsel’s approval of the application.  A representative of Mammoth Lakes Housing, Inc., provided additional information and clarification on the Program, confirming that Inyo County would be competing with Mono County and other local jurisdictions for these funds.   Mr. Bruce outlined the RFP process, which would need to be followed prior to identifying the entity, which could administer the Program.  On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2005-48 was adopted, authorizing the application to the Housing and Community Development Department of the State of California for the HOME Investment Partnership Program, and direction to Staff to apply for funding by the application deadline of September 26, 2005, contingent upon the approval of the application by County Counsel and amended to identify the Planning Director as the authorized representative and changing the administrator to the County: motion unanimously passed and adopted. 

The Chairperson recessed the regular meeting at 10:00 a.m., reconvening in open session at 10:10 a.m., with all Board Members present. 

BofS/AAPL Wilderness Position

Mr. Dick Noles, representing the Advocates for Access to Public Lands (AAPL), addressed the Board to make a presentation on AAPL’s participation in the group, formed at the request of Congressman McKeon, to develop a wilderness plan for Inyo and Mono counties, including the process that determined their position to support the multiple use community plan for judicious expansion of wilderness and wise use of public lands.   He provided additional information and further clarification on his position on the development of a wilderness plan for Inyo and Mono Counties, which was outlined in a paper, which was presented to the Board.  Supervisor Arcularius read an email she had received from Mr. William Mitchell, Bishop Resident, into the record and made a statement concerning the remarks contained in the email.  She explained that she did not place this item on the Agenda nor would she participate in the removal of the item from the Agenda.  She took umbrage with the portrayal that she was negotiating in bad faith and unethical because she did not have the item removed from the Agenda.  She explained that she believes in the public’s rights to address the Board and would never deny anyone that opportunity.  She also explained that this is one of the first opportunities the full Board has had to discuss Congressman McKeon’s offer to carry locally crafted wilderness legislation.  She also informed the Board that she would be agendizing this issue for a formal discussion by the Board in the next couple of weeks.  Mr. Rex Allen also representing AAPL, addressed the Board to support Mr. Noles’ position.  Those speaking to oppose the AAPL position and recommending continued work on the development of a wilderness plan included Mr. Harry Williams, Mr. Jeff Griffith, Mr. Walt Hoffmann, Ms. Sydney Quinn, Mr. Andy Selters, Mr. David German, Mr. Brian Brown, Mr. Paul McFarland, Ms. Sally Miller, Mr. Jon Peterson, Mr. Allen Pietrasanta, and Mr. Derrick Vocelka.  Mr. Scott Wilkes of Congressman McKeon’s office, addressed the Board and members of the public to explain the Congressman’s expectations regarding a wilderness plan and to provide clarification that the Congressman offered in January to carry a locally drafted wilderness plan. He also clarified that the Congressman is not interested in unwinding the Desert Protection Act.  Mr. Wilkes explained that the Congressman was interested in preserving the local jurisdiction’s right to self-governance.  He also explained that Congressman McKeon was looking for a consensus of the local jurisdiction prior to introducing Wilderness legislation. At the conclusion of the discussion, the Chairperson thanked those in the audience for their participation in this discussion.  He noted that this was a presentation only and there was no action being requested of the Board. 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:35 a.m., to reconvene in open session, at 11:45 a.m., with all Board Members present.

Resol. #2005-48/ HOME Investment Application

The Chairperson noted the request by County Counsel to revisit the request for approval of the HOME Investment Application.  Mr. Paul Bruce, County Counsel, clarified that during the previous discussion and in response to a question regarding the RFP process, he had indicated preliminarily that provision of the Code would allow the County to select a Contractor to administer the Program without going through the formal RFP process.  He went on to explain that upon rechecking that information he had determined that in order to select a contractor to administer the Program the full RFP process would have to be completed. 

Planning Dept./ Yucca Mtn.

The Chairperson announced that the request by the Planning Department for the Board to accept a presentation on Yucca Mountain related activities and issues; and provide direction to Staff as appropriate was being pulled and would be rescheduled in the future.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:50 a.m., to reconvene in Budget Hearings to consider the Water Department Budget No. 024102 (page 468 of the Budget Book.)  See separate minutes.  At the conclusion of the Budget Hearings the Chairperson reconvened the regular meeting at 12:45 p.m., to immediately convene in closed session, with all Board Members present.

Closed Session

The Board met in closed session to discuss Agenda Items No. 9.  PERSONNEL (Pursuant to Government Code Section 54957) – Public Employee Performance Evaluation Title – Director of Planning;  No. 10.  PERSONNEL (Pursuant to Government Code Section 54957) – Public Employee Appointment - Title – Director of Water Department; and No. 11.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Save Round Valley Alliance and Sierra Watch v. County of Inyo, Inyo County Board of Supervisors and DOES 1-19, Jim Walters and DOES 20-40, Inyo County Superior Court Case No. CVPT-05-39748.

Report on Closed Session

The Chairperson recessed closed session at 2:15 p.m., to reconvene in open session to receive a report on closed session.  County Counsel reported that with regard to Agenda Item No. 11.   CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – Save Round Valley Alliance and Sierra Watch v. County of Inyo, Inyo County Board of Supervisors and DOES 1-19, Jim Walters and DOES 20-40, Inyo County Superior Court Case No. CVPT-05-39748, which is a verified Writ of Mandate by the Save Round Valley Alliance and Sierra Watch against the County of Inyo and the Board of Supervisors, with real party in interest, Jim Walters, challenging the County of Inyo’s compliance with CEQA and approval of the Mt. Whitney Portal Project Tract Map 239/Walters and seeking a Writ of Mandate for Injunctive Relief, costs and attorney’s fees, the Board of Supervisors in a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes voting yes, authorized and directed the Office of County Counsel to represent and defend the County of Inyo and the Board of Supervisors in this litigation.

Adjournment

The Chairperson adjourned the regular meeting at 2:17 p.m. to 8:30 a.m., September 27, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.