County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. The Chairperson, Supervisor Jim Bilyeu, commented that recent quotes attributed to him in both the Inyo Register and the Ridgecrest Independent News regarding the City of Ridgecrest joining Inyo County were made without either publication speaking with him.

County Dept. Reports

The Chairperson announced the County Department Report period. Deputy County Administrator, Mr. Kevin Carunchio informed the Board that the County has been awarded $67,500 in grant funds for the Owens Valley Natural Livestock Feasibility Study. He said he would keep the Board apprised of further developments on the project.

HHS-Prevention Pgrm. Workshop

The Chairperson recessed open session at 9:05 a.m., to convene in a workshop with all Board Members present to receive information from the Health and Human Services Staff on the County’s Prevention Programs. The Chairperson recessed the workshop at 9:45 a.m., to reconvene in open session with all Board Members present, except Supervisor Cervantes who had briefly stepped away from the meeting.

County Counsel/ Great Basin Unified APCD Contract

Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the Agreement between the Great Basin Unified Air Pollution Control District and the County of Inyo for County Counsel’s Office to provide certain legal services to the District during the period of July 1, 2007 through June 30, 2008 in the amount of $12,500; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 9:46 a.m., to reconvene at 10:00 a.m., with all Board Members present.

Forest/Title III Funding Mini-Grant

Moved by Supervisor Cervantes and seconded by Supervisor Cash to award Fiscal Year 2006/2007 Fire Prevention and County Planning mini-grant totaling $4,754.34 to the Lone Pine Volunteer Fire Department; approve a contract between the County of Inyo and the Lone Pine Volunteer Fire Department, for the project in an amount not to exceed $4,754.34, for the time period of July 1, 2007 through December 31, 2007, contingent upon the Board’s adoption of a FY 2007-08 Budget; and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

Water Dept./IMP Amendment

Mr. Tom Brooks, Water Director, reviewed the Staff Report and recommendations regarding the Amendment to the Interim Management Plan (IMP). He explained that Well 349 was inadvertently left off the IMP’s list of exempt wells; that it supplies water to an existing mitigation project; that DWP estimates it takes 900 acre feet of water to maintain the project; that only the amount of water needed for the project is allowed to be pumped under the exemption; that the amount actually used is part of the overall total annual pumping limit; and that without the exemption DWP will be unable to meet their commitment under the Long Term Water Agreement (LTWA) for the mitigation project. He went on to explain that should the well not be exempted resulting in DWP being unable to continue the mitigation project, a precedent could be established whereby DWP could deem mitigation projects no longer feasible.

Mr. Daniel Pritchett, representing the Native Plant Society, opposed the exemption of Well 349 explaining that he feels the pumping of that well detrimentally affects Big Seeley Springs, which he contends is partially recovered and flowing. He said that he felt the 900 acre feet of water determined for the project by DWP was excessive and provided a calculation whereby a beginning level of 5 acre feet should be sufficient, then increased from there as needed. He recommended that the Board abandon the pumping of Well 349 for the mitigation project in order to let the water recharge Big Seeley Springs. Ms. Bennett Kessler queried the Board and Staff on the history of the pumping of Well 349 with regards to Big Seeley Springs. Ms. Cele Klingler addressed the Board to support not exempting the well.

Mr. Brooks with the assistance of County Counsel, explained that the mitigation projects identified in the LTWA were to mitigate for the impact of DWP’s groundwater pumping activities throughout the entire Valley. Mr. Brooks explained that the individual mitigation measures in the LTWA would be difficult to quantify on an separate basis because they were never intended to return specific areas, i.e. the Springs, to previous levels. Additionally, he went on to explain that the mitigation project fed by Well 349 has developed an environmental habitat of its own, including fish and waterfowl, independent of the Springs, which would be adversely impacted should Well 349 not be exempted and the mitigation project discontinued.

Mr. Brooks went on to explain that the Water Department’s current data regarding the Big Seeley Springs does not corroborate Mr. Pritchett’s assertions of recovery, saying that it is now an intermittent spring as opposed to a consistently flowing spring as it was before pumping began in the 1970s. The Board and Mr. Brooks also discussed (a) the County’s ability to make changes to mitigation projects unilaterally; (b) the need to determine exactly how many acre feet are required for the mitigation project fed by Well 349; (c) the purpose of the IMP and the Green Book with regard to providing a forum to address recovery and changes in mitigation projects; and (d) that the CEQA process, which was required for the LTWA which identified the mitigation projects, requires that before a mitigation project is deleted or changed that a project of equal or greater mitigation value be identified.

The Board indicated their desire to only exempt the well for this year and to have more detailed information regarding the amount of water required for the mitigation project before the exemption is given for next year. Mr. Brooks clarified that the Board’s exemption of Well 349 only provides for the amount of water needed for the mitigation project and no more. He reviewed the scientific process which is required to determine exactly how many acre feet of water is needed to maintain the mitigation project. Mr. Brooks reiterated that whatever direction the Board chooses, i.e., to change or delete a mitigation project, and/or to obtain the data on the status of the Big Seeley Springs, because of the time needed to do the studies, the only option available to the County in order to comply with the LTWA is to exempt Well 349.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to (a) approve an Amendment to the Interim Management Plan that adds Well 349 to the exempt well list to supply an existing mitigation project for only this pumping year and direct Staff to determine the amount of water needed for the mitigation project before another exemption is granted; (b) do not add Wells 248 and 249 to the exempt well list at this time; and (c) authorize the Chairperson to sign the Amendment. Motion carried unanimously.

Resol. #2007-25/ Tobacco Litigation Funds

The Board thanked County Counsel for his work on developing a process whereby the Board could protect that the Tobacco Litigation Settlement Funds are given to the two local hospital districts in light of the recent Court of Appeals decision which put the funds in jeopardy. Ms. Lee Barron representing the Lone Pine Hospital addressed the Board to support the resolution Moved by Supervisor Cervantes and seconded by Supervisor Cash to approve a Resolution No. 2007-25 entitled “A Resolution of the Inyo County Board of Supervisors, County of Inyo, State of California, Repealing Resolution No. 2002-40, and Directing that all Future Tobacco Litigation Settlement Funds Received by the County of Inyo be Included in the County Budget and Appropriated for the Northern Inyo County Hospital District and Southern Inyo Local Healthcare District:” motion unanimously passed and adopted.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 11:30 a.m., to reconvene at 11:40 a.m., with all Board Members present.

CAO-Budget/ FY 2007-08 Preliminary Budget

The County Administrator noted that the Deputy County Administrator, Mr. Kevin Carunchio, was required at another meeting and indicated that Ms. Leslie Chapman, Auditor-Controller, would be available to respond to questions. Ms. Chapman briefly reviewed the process whereby the last year’s Board Approved Budget is adjusted and used as the next year’s Preliminary Budget. Moved by Supervisor Cash and seconded by Supervisor Arcularius to adopt the FY 2006-07 Board Approved Budget as the Preliminary Budget for FY 2007-08 and approve the fixed assets as recommended by Staff. Motion carried unanimously.

Fish & Game/ Computer P. O.

Moved by Supervisor Cash and seconded by Supervisor Brown to approve an expenditure from the Fish and Game Fine Fund, Budget Unit 024200 for one-half the cost to purchase a lap top computer, software and printer for the Commission Secretary’s use, in an amount not to exceed $750. Motion carried unanimously.

Fish and Game/ Opposition to CA Wild Heritage Bill

With regard to the request by the Inyo-Mono Fish and Game Advisory Commission for the Board to support the exclusion from SB-493, California Wild Heritage Bill, all recommendations for new wilderness or other restrictive public land designations in Inyo and Mono Counties not presently designated, Supervisor Brown provided the Board with a copy of a letter she had received from a constituent asking that the Board support the City of Bishop’s resolution opposing the Bill. She explained that in response to her constituent’s request and in conjunction with the Advisory Commission’s request she asked Staff to draft a resolution setting forth the Board of Supervisors opposition to any more wilderness designations in Inyo County. She informed the Board that she would have the resolution placed on next week’s Agenda for consideration and formal adoption if that was the desire of the Board. She suggested that the Advisory Commission’s request be continued to next week as a part of the Board’s discussion on the Resolution. Moved by Supervisor Brown and seconded by Supervisor Cash to directed Staff to reagendize the Fish and Game Advisory Commission’s request along with the Resolution opposing the California Wild Heritage Act of 2007 and any additional wilderness designations in Inyo County for next week’s Board Meeting. Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including an upcoming Stewardship Council Meeting, the upcoming RCRC Board of Directors Meeting, an update on legislation and the Governor’s May Revise, the Homewood Canyon Annual BBQ, an announcement that the City of Los Angeles DWP will be donating a water tender to the Olancha Volunteer Fire Department, an upcoming AULG Meeting in Las Vegas, an California First Five Conference, a Corrections Reform “think tank” session, various constituent meetings, Agricultural Resource Advisory Board Meeting, a Mental Health Board Meeting which was cancelled due to lack of a quorum, the Bishop and Lone Pine High School Graduation Ceremonies, and a Big Pine Civic Club Meeting.

Adjournment

The Chairperson adjourned the regular meeting at 12:20 p.m. to 9:00 a.m., Tuesday, June 19, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.