County of Inyo

Board of Supervisors

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, Public Works Director, updated the Board on the Department’s activities, including the installation of video conferencing equipment at the Tecopa Community Center, the completion of the interior painting project at Statham Hall and that the EMS Repeater on Mazourka Peak is now fully operational. Ms. Leslie Chapman, Auditor/Controller, updated the Board on the Information System Project and introduced the Bi Tech and County Project Managers to the Board.

Resol. #2007-12/ Inyo County Transit Program Operational Grant Application

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-12 was adopted approving a grant application to the Federal Transportation Administration for Section 5311 general operating assistance funds for Inyo County in the amount of $70,444 and authorizing the Director of the Transit Program to sign and submit the application: motion unanimously passed and adopted.

Resol. #2007-13/ Mono County Transit Program Operational Grant Application

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Resolution No. 2007-13 was adopted, approving a grant application to the Federal Transportation Administration for Section 5311 general operating assistance funds for Mono County in the amount of $50,455 and authorizing the Director of the Transit Program to sign and submit the application: motion unanimously passed and adopted.

Resol. #2007-14/ CREST Route Grant Funding Application

On a motion by Supervisor Cervantes and a second by Supervisor Arcularius, Resolution No. 2007-14 was adopted authorizing the submission of a 2007 Federal Transportation Administration 5311(f) Grant Application for funds totaling $395,910 to operate year six of the inter-regional bus service between Reno, NV and Ridgecrest, CA along the Highway 395 corridor (CREST Route); and authorizing the Director of the Transit Program, to sign related certifications, contracts and reimbursement requests: motion unanimously passed and adopted.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors Meeting of February 13, 2007. Motion carried unanimously.

BofS/2007 Board Committee Assignment Changes

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) amend the Committee Assignments for 2007 as follows: (a) assign Supervisor Jim Bilyeu as a regular member of the Local Transportation Commission (LTC) and Supervisor Beverly Brown as the Alternate; and (b) appoint Supervisor Beverly Brown to the Agricultural Resource Advisory Board; and B) reaffirm the appointment of Supervisor Susan Cash to the Eastern Sierra Council of Governments (ESCOG). Motion carried unanimously.

Integ. Waste/ Bishop-Sunland Landfill Lease Amendment

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve the modification to the lease between the County of Inyo and LADWP for the Bishop-Sunland Landfill, to allow the processing of recyclable material; 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 a detailed update on RCRC and CSAC legislative activities, the upcoming Diaz Lake Fish Derby, various constituent meetings and district tours and visits, and a reminder of the upcoming Bishop City Election. The Chairperson interrupted the Board Members Reports, announcing that at the conclusion of the timed items, the Board Members would conclude their reports.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 9:50 a.m., to reconvene in open session at 10:00 a.m., with all Board members present.

Resol. #2007-15/ Notice of Completion Dehy Park Phase I

Ms. Arlene Grider, Independence Chamber of Commerce, thanked the Board and Staff for the great job done at the Dehy Park, as a result of Phase I. She offered on behalf of the Chamber of Commerce to sponsor a ribbon cutting (or fencing cutting) to celebrate. Mr. Ron Chegwidden, also addressed the Board to thank his Staff Members Lynn Flannigan and John Snyder as well as the Parks Staff for their work and dedication to this project. He accepted the Chamber’s generous offer of a ribbon-cutting ceremony, explaining that while he was going to suggest the Board briefly adjourn today’s meeting to go and tour the Park, he felt the Board would want to wait and tour the Park when the ribbon-cutting is scheduled. On a motion by Supervisor Brown and a second by Supervisor Arcularius, Resolution No. 2007-15 was adopted, accepting the improvements and authorizing the recording of a Notice of Completion for Phase I of the Dehy Park Improvement Project: motion unanimously passed and adopted.

Planning/Central Business District Designation Ordinance Public Hearing

The Chairperson opened the public hearing at 10:05 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adding Chapter 18.44 Entitled ‘CB District – Central Business,’ to the Inyo County Code.” Ms. Jan Larson, Senior Planner, presented an email letter from Mike Johnson dated February 22, 2007, that supported the ordinance, and it was entered as Exhibit A, Ms. Larson went on to review the Staff Report and recommendations. At the conclusion of her remarks, Ms. Larson requested that the Staff Report and all the attachments be entered into the record and they were marked Exhibit B. Ms. Arlene Grider, Independence Resident, addressed the Board to support the adoption of the ordinance. The Chairperson closed the public hearing at 10:30 a.m.

Resol. #2007-16/ CB District Neg. Dec.

On a motion by Supervisor Cervantes and a second by Supervisor Cash, Resolution No. 2007-16 was approved adopting the negative declaration of the proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adding Chapter 18.44 Entitled ‘CB District – Central Business,’ to the Inyo County Code.” and certifying that the requirements of the California Environmental Quality Act have been met: motion unanimously passed and adopted.

Planning/CB District Designation

Moved by Supervisor Cervantes and seconded by Supervisor Cash to waive the first reading of the ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adding Chapter 18.44 Entitled ‘CB District – Central Business,’ to the Inyo County Code” and schedule the enactment for 10:00 a.m., Tuesday, March 6, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously.

Planning/DB Districts Density Bonus Overlay Ordinance Public Hearing

The Chairperson opened the public hearing at 10:32 a.m. on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Repealing Existing Chapter 18.65 of the Inyo County Code and Replacing It With New Chapter 18.65; DB Districts Density Bonus Overlay.” Ms. Jan Larson, Senior Planner, reviewed the Staff Report and recommendations and at the conclusion of her remarks asked that the Staff Report and all attachments be entered into the record and they were marked Exhibit A. Ms. Arlene Grider, representing the Housing Action Committee, addressed the Board to support the ordinance, expressing her opinion that she believes this will help with the housing shortage in the County. The Chairperson closed the public hearing at 10:40 a.m.

Resol. #2007-17/ Density Bonus Ordinance Neg. Declaration

On a motion by Supervisor Arcularius and a second by Supervisor Cash, Resolution No. 2007-17 was approved certifying and adopting the negative declaration of environmental impact for the updated Density Bonus Ordinance and certifying that the requirements of the California Environmental Quality Act have been met: motion unanimously passed and adopted.

Planning/Density Bonus Ordinance

Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the first reading of the ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Repealing Existing Chapter 18.65 of the Inyo County Code and Replacing It With New Chapter 18.65; DB Districts Density Bonus Overlay and schedule the enactment for 10:00 a.m., Tuesday, March 6, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence. Motion carried unanimously.

Board Members and Staff Reports Continued

The Chairperson reopened the Board Members and Staff Report portion of the Agenda, with further reports being provided regarding the second session of the New Supervisors Institute sponsored by CSAC, a Mental Health Board Meeting and a tour with the Agricultural Commissioner of the LORP.

Closed Session

The Chairperson recessed open session at 10:45 a.m. to convene in closed session, with all Board Members present, to discuss and consider Agenda Items No. 11. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Inyo County Employees Association (ICEA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; No. 12. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Elected Officials Assistant Association (EOAA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; No. 13. 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; and No. 14. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Performance Evaluation – Title: Water Department Director.

Recess/

Reconvene

The Chairperson recessed closed session at 12:05 p.m., to reconvene in open session at 1:05 p.m., with all Board Members present.

Post Agenda/ Closed Session Item Re Existing Litigation

County Counsel presented the Board with copies of a request to consider a Post Agenda Closed Session Item relating to Existing Litigation – Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768, which provided the findings through which the Board could consider this Post Agenda Item. Moved by Supervisor Cash and seconded by Supervisor Arcularius to find, as identified in the Agenda Request Form dated February 27, 2007 from County Counsel, that the need to address a closed session item Conference with Leal 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 arose after the Agenda for the February 27, 2007 Board of Supervisors Meeting was posted and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore this item is added as Agenda Item No. 14A. Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 1:07 p.m., to reconvene in closed session, with all Board Members present to continue discussions on previously noted Closed Session Items, including Post Agenda Item No. 14A.

Report on Closed Session

The Chairperson recessed closed session at 4:25 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, including Agenda Item 14A.

Adjournment

The Chairperson adjourned the regular meeting at 4:25 p.m., to 9:00 a.m., March 6, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.