Public Comment

The Chairperson announced the public comment period and there was no one from the public wishing to address the Board.

County Department Reports

The Chairperson announced the County Department Report period. Ms. Leslie Chapman, Auditor-Controller, notified the Board of the completion of several of the State required reports. She updated the Board on Department activities and provided the Board with a copy of this year’s published budget. Sheriff Bill Lutze reported on the pre-planning and emergency efforts associated with last week’s storm, which dumped almost 5 inches of rain in the Bishop area and closed Highway 395 sporadically throughout the weekend. He informed the Board that a joint local jurisdictional OES command center was opened at the Fairgrounds in the morning on Friday and closed that evening. He also reported that shelter activities were not implemented because they had not been needed. Ms. Jean Dickinson, Director of Health and Human Services, reported on her department’s activities in respect to the storm, commending the Sheriff for his leadership role and foresight in preparing for the storm. She told the Board that her Staff had made contact with 100 at risk residents to make sure they were prepared and had monitored the number of vacant hotel/motel rooms available in Bishop until the center was closed. The Public Works Director, Mr. Ron Chegwidden, updated the Board on public work’s and road activities during the storm, including reporting there was minor flooding in several areas, which caused some shoulder damage. He reported that the Bishop and Aspendel areas has received 3 to 4 feet of snow, that the avalanche danger had been monitored and recorded as moderate during the storm and been downgraded to normal. He also reported that two-way traffic access to Bishop Creek and Aspendel should be restored today. Supervisor Arcularius advised Mr. Chegwidden that the Bishop Creek area had lost power for a number of days. Mr. Chegwidden went on to briefly touch on the impact the rain had on several county facilities. The Agricultural Commissioner, Mr. George Milovich, briefly noted storm statistics and reported on the Agricultural Commissioner’s Winter Conference. Mr. Jon Klusemire, Museum Director, informed the Board that there was no flooding at the facility, that the new roof at the Eastern California Museum did not leak, and the exhibits were dry and secure. Mr. Matt Gaffney, Yucca Mountain Project Coordinator, updated the Board on the shallow well drilling project schedule and funding.

BofS/Election of Officers

The Chairperson turned the meeting over to the Assistant Clerk of the Board for the election of officers. The Clerk called for nominations for Chairperson. Supervisor Cash nominated Supervisor Arcularius and Supervisor Bilyeu seconded the nomination. The Clerk closed the nominations and called for a motion to elected. Moved by Supervisor Cash and seconded by Supervisor Bilyeu to elected Supervisor Linda Arcularius, Chairperson of the Board for calendar 2008. Motion carried unanimously.

The Clerk called for nominations for Vice-Chairperson. Supervisor Arcularius nominated Supervisor Brown and Supervisor Cash seconded the nomination. The Clerk closed the nominations and called for a motion to elect. Moved by Supervisor Arcularius and seconded by Supervisor Cash to elected Supervisor Beverly Brown, Vice-Chairperson of the Board for calendar 2008. Motion carried unanimously. At the conclusion of the elections, the Assistant Clerk of the Board turned the meeting over to the new Chairperson, who thanked Supervisor Bilyeu, last year’s Chairperson, for his leadership of the Board and a job well done. The remaining Board Members, who also offered their thanks and appreciation to the outgoing Chairperson, echoed the Chair’s sentiments.

HHS-First Five Comm./Director Services Contracts

Moved by Supervisor Bilyeu and seconded by Supervisor Brown to ratify and approve the contracts between the County of Inyo and the following for Inyo First Five Director services and authorize the Chairperson to sign: A) Jara Halfen in an amount not to exceed $13, 000 for the period of November 16, 2007 through April 16, 2008 and B) Jamie Beck in an amount not to exceed $10,500 for the period of January 1, 2008 through June 30, 2008. Motion carried unanimously.

P.W./Quitclaim Deed and Right- of-Way Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Brown to A) approve Quitclaim Deed Number 3766-1 and authorize the Public Works director to execute the deed; and B) approve Right-of-Way Contract #3766-2 with Caltrans and authorize the Public Works Director to sign. Motion carried unanimously.

P.W./Quitclaim Deed and Right-of-Way Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Brown to A) approve Quitclaim Deed No. 3937-1 and authorize the Public Works Director to execute the deed; and B) approve Right-of-Way Contract Number 3937-1 and authorize the Public Works Director to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously.

BofS/RCRC Policies and Principles

Supervisor Arcularius noted the items which were in the amended RCRC Policies and Principles which were being revised, explaining that some of RCRC’s policies are more condensed than CSAC’s and focus more on the rural aspects and impacts. Supervisor Bilyeu noted the exclusion of Inyo County from the list of counties with military bases and asked that it be corrected to reflect the China Lake NWC, which has a large portion of their base located in Inyo County. Supervisor Arcularius indicated that she would be attending the RCRC Board meeting later in the month at which time she would have this item included. There was no further discussion on the policies and principles and the Chairperson asked for a motion to approve the amended document to include the change noted by Supervisor Bilyeu. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the proposed revisions to the 2007-2008 RCRC Policies and Principles, as amended and to include Inyo County as a County with a military base. Motion carried unanimously.

CAO-Leg. Platform

The County Administrator, Mr. Kevin Carunchio, briefly reviewed the legislative platform process. He informed the Board that once the platform is finalized, it would be circulated to the County’s legislative representatives, as well as CSAC and RCRC. Moved by Supervisor Cash and seconded by Supervisor Bilyeu to adopt the 2007-2008 Legislative Platform for the County of Inyo. Motion carried unanimously.

Planning/Ground- water Monitoring Wells Neg. Dec and CEQA Certification

Moved by Supervisor Brown and seconded by Supervisor Cervantes to, with regard to the Inyo Groundwater Monitoring Wells Project a) find that the Mitigated Negative Declaration of Environmental Impact was prepared and circulated in accordance with the California Environmental Quality Act (CEQA) and reflects the County’s independent analysis and judgment and, together with the Initial Study and all other information in the record, the Mitigated Negative Declaration shows that there is no substantial evidence that the proposed project will have a significant effect on the environment; B) approve and adopt the Mitigated Negative Declaration and certify that the requirements of CEQA have been satisfied with respect to the project; and C) direct Planning Staff to file a Notice of Determination with the Inyo County Clerk. Motion carried unanimously.

Public Works/ Utility Agreement

Mr. Ron Chegwidden, Public Works Director, provided additional information and further explanation on the Agreement between the County and Caltrans for the relocation of County water facilities that have been determined to be in the State Right-of-Way for the Independence four-laning project. The Board and Mr. Chegwidden briefly discussed the cost for this relocation which had initially been estimated at over $200,000, with the Board thanking the Public Works Director for taking the steps necessary to have that amount reduced. Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to A) approve Utility Agreement No. UT 424.0.2 between the County of Inyo and Caltrans for relocation of water facilities within the State Right-of-Way; and authorize the Public Works Director to sign, contingent upon the appropriate signatures being obtained; and B) amend the FY 2007-08 Independence Water Upgrade Budget Unit #152102 by increasing appropriations in Professional and Special Services (Object Code #5265) by $14,000 from unappropriated fund balance. Motion carried unanimously.

Water Dept./ Commission Appt.

Moved by Supervisor Bilyeu and seconded by Supervisor Brown to reappoint Mr. Rex Allen and Mr. Matt Kemp to the Inyo County Water Commission to complete four-year terms ending December 31, 2011. Motion carried unanimously.

Water Dept./ Wildlife Conservation Grant Budget Amendment

Dr. Bob Harrington, Acting Water Director, provided additional information and further clarification on the request for a budget amendment to facilitate the Wildlife Conservation Grant for salt cedar eradication. He explained that this item had been removed from consideration because of the Board’s questions and concerns regarding the requirements of the Grant in conjunction with the LADWP matching funds.

Dr. Harrington reported that the Stipulation and Order governing LADWP’s activities with regard to matching grant funds, requires that the County expend, bill and receive the Grant funding before DWP is required to provide matching funds. He said that he spoke with the Grant Administrator and they were of the same understanding. Dr. Harrington said there is the opportunity to access DWP funds incrementally as the Grant Project progresses and the work is completed, billed and funded.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the FY 2007-08 Wildlife Conservation Grant Budget #621700 by increasing estimated revenue in State Grants (Revenue Code #4498) by $200,000 and increasing appropriations in object codes as recommended by Staff by $200,000; and B) authorize the hiring of 5 additional seasonal staff to assist in saltcedar eradication during the 2007-08 season as recommended by Staff. Motion carried unanimously.

Water/Standing Comm. Mtg. Agenda

Dr. Harrington reviewed in detail the items identified on the Draft Agenda for the upcoming January 29, 2008 Standing Committee Meeting. The Board concurred with Staff’s recommendations regarding the items. Supervisor Cash asked that an item be included to address a request by the Native Plant Society regarding impacts from mitigation projects. The Board and Staff discussed the item in detail and in depth, including the need to determine the definition of significant, the Technical Group’s role in responding, determining if impact has occurred, and the need to not let this request be forgotten. The Board asked that an additional item be placed on the agenda for a joint report regarding a response to the Native Plant Society’s concerns. Dr. Harrington informed the Board that he would be convening a meeting of the County’s representative’s to the Standing Committee sometime before the January 29, 2008 Standing Committee Meeting.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Brown to approve the minutes of the December 18, 2007 Board of Supervisors Meeting. Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:15 a.m., to reconvene at 10:35 a.m., in open session, with all Board Members present.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding weeks, explaining that because of the Holidays they had all had relatively quite schedules. There was a brief report on an LTC meeting and it was noted that the Governor was going to declare a State Fiscal Emergency. The Board discussed the impacts of the declaration and potential affects on County services. At the conclusion of their reports the Board wished everyone a Happy New Year. The County Administrator informed the Board that the mid-year budget information has been distributed and meetings have been scheduled Wednesday and Thursday to go over the information with the various department heads and their fiscal staff.

Closed Session

The Chairperson recessed open session at 10:40 a.m., to convene in closed session, with all Board Members present, to consider and take action as required on Agenda Items No. 16. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §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, Court of Appeal Fourth Appellate District Division Two Case No. E041364; (Inyo County Superior Court Case No. CVPT –05-39748); No. 17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - Maria Del Carmen Arenas v. State of California, et al. Inyo County Superior Court SICVCV 07-44673; No. 18. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - State of California v. Sean McClelland, Inyo County Superior Court Case No. SICVED 07-45105; No. 19. P ERSONNEL [ PURSUANT TO GOVERNMENT CODE §54957] - Public Employee Performance Evaluation Title: Acting Director Water Department; and No. 20. CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] - Instructions to Negotiators re: wages, salaries and benefits - Employee Organization: ICEA - Negotiators: County Administrator Kevin Carunchio and Labor Relations Administrator Sue Dishion. The Chairperson recessed closed session at 11:05 a.m., to reconvene in open session with all Board members present.

HHS-Emergency Serv./EMCC Letter re: EMT Testing Sites

Ms. Jean Dickinson, Health and Human Services Director, introduced members of the Emergency Services Committee who were in the audience to the Board. The Chairperson of the Committee, Fire Chief Paul Postel, Southern Inyo Fire Protection District, requested the Board support a letter the Committee was proposing to the California Emergency Medical Services Authority asking that EMT testing sites be located in the Eastern Sierra. The Board and Chief Postal discussed the importance of having local testing sites because of the impact the costs have on our EMT’s, who are all volunteers and responsible for paying for their own training and certification costs. The County Administrator informed the Board that upon the Board’s approval of the joint letter, it would be converted to the Board’s letterhead prior to signatures. Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve a joint letter from the Board of Supervisors and the Emergency Medical Care Committee (EMCC) to the California Emergency Medical Services Authority (EMS) to allow one or more additional testing sites in the Eastern Sierra for standardized EMT testing; and authorize the Chairperson to co-sign with the EMCC Chairperson. Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 11:25 a.m., to reconvene in closed session, with all Board Members present, to continue discussions on previously noted closed session items No. 16 through No. 20.

Report on Closed Session

The Chairperson recessed closed session at 3:20 p.m., to reconvene in open session to receive a report on closed session. County Counsel reported the following: (a) with regard to Agenda Item No. 17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - Maria Del Carmen Arenas v. State of California, et al. Inyo County Superior Court SICVCV 07-44673, which is a wrongful death action brought by the surviving spouse and dependents of a person killed in a single vehicle rollover accident occurring on U.S. Highway 395 at about the Ash Creek crossing, the County is sued on the basis that it maintained, operated and controlled a dangerous condition of public property where the accident occurred, the Board has authorized the Office of County Counsel to defend the County in this matter, by a unanimous vote, with Supervisors Arcularius, Cash, Brown, Bilyeu and Cervantes voting yes; and (b) with regard to Agenda Item No. 18. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code §54956.9(a)] - State of California v. Sean McClelland, Inyo County Superior Court Case No. SICVED 07-45105, which is an action being brought by the State of California, Caltrans Department, against Sean McClelland attempting to condemn a temporary construction easement across the front of his property located in south Independence that fronts on U. S. Highway 395; the County is a defendant in this matter because there is a delinquent property tax lien on the property and in order to condemn the temporary easement the County needs to be included as a defendant, the Board has authorized the Office of County Counsel to defend and represent the County in this matter by a unanimous vote, with Supervisors Arcularius, Cash, Brown, Bilyeu and Cervantes voting yes.

County Counsel reported there were no other items discussed in closed session, which were required by law to be reported on in open session.

Public Comment

The Chairperson announced an addition to the Board’s Agenda format in that there would be a second opportunity for the public to make comment to the Board at the end of each meeting. The Chairperson announced the second public comment period and there was no one wishing to address the Board.

Adjournment

The Chairperson adjourned the regular meeting at 3:55 p.m., to 9:00 a.m., Tuesday, January 15, 2007 in the Board of Supervisors Room, at the County Administrative Center, in Independence.