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 August 1 , 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, Jim Bilyeu, and Richard Cervantes.  Supervisor Cervantes provided the Invocation, and Bilyeu 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.  Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the Avian Flu Task Force activities.  Mr. Kevin Carunchio, Deputy County Administrator, informed the Board that the Eastern California Museum would be hosting the Gulag Exhibit beginning February 4, 2007 and running through November 25, 2007.   Mr. Carunchio also (a) updated the Board on the Library Automation project; (b) notified the Board of a Sierra Business Council Land Use Seminar, which is being hosted in Bishop on September 6 and 7 and a Mojave Mt. RCD Business Finance Seminar, which is being hosted in Bishop on September 27.  Mr. Ron Chegwidden, Public Works Director, informed the Board of a Lone Pine Water System failure as a result of a lightning strike, which caused a tank failure.  He explained that because of the type of failure, which had occurred the alarm was not triggered.  He  reported that the system is now fully operational.  The County Administrator informed the Board of the County’s response to the State’s OES heat alert.

CAO-Purchasing/ Office and Computer/Printer Supplies P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) approve the purchase of office supplies and consumable computer/printer supplies for FY 2006/07 from Office Depot through the U.S. Communities Government Purchasing Alliance (GPA/Los Angeles County Contract #42595) and B) authorize blanket purchase orders that exceed $2,000 to be issued to Office Depot throughout the fiscal year to be paid from the Purchasing Revolving Budget.  Motion carried unanimously.

HHS-Mental Hlth. Adv. Board Appointments

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to appoint Ms. Sharon Partridge, Ms. Cathy Wagner, and Ms. Judith Milkie to serve on the Mental Health Advisory Board to complete three year terms ending June 30, 2009.  Motion carried unanimously.

Rd. Dept./Contract for Concrete Products

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to award the bid and approve the Contract for concrete products for FY 2006-07 to Hiatt Ready Mix in an amount not to exceed $28,500 for the period of July 25, 2006 through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

Planning-Yucca Mt./A. Remus Contract

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to declare Andrew Remus, Consultant, as a sole-source provider of Yucca Mountain Consulting Services and approve the Contract between the County of Inyo and Andrew Remus, for consulting services for the period of August 1, 2006 through June 30, 2007, in an amount not to exceed $10,500, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

BofS/Minute Approval

Supervisor Bilyeu requested that the reference to the prohibition of big trucks idling for 15 minutes near residential areas be changed to idling for 5 minutes within 100 ft of residential areas.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to approve the minutes of the July 18, 2006 Board of Supervisors Meeting as corrected.  Motion carried unanimously.

District/Appt. B.P. Cemetery Dist

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to reappoint Ms. Connie Hildebrand to the Big Pine Cemetery District Board of Trustees to complete a four-year term ending June 30, 2010.  Motion carried unanimously.

Recess/
Reconvene

The Chairperson recessed the regular meeting at 9:23 a.m., to reconvene at 9:45 a.m., with all Board Members present.

BLM County Wildfire Plan Update

Representatives of the Bureau of Land Management updated the Board on the County Wildfire Plan.  They responded to questions from the Board and at the request of Supervisor Arcularius made the CD of their presentation available to be copied for the Board.

CAO/B.P. Fire Dept. Re: B.P. Library Property

The County Administrator provided additional information and further clarification on the request by the Big Pine Volunteer Fire Protect District’s to open negotiations on the lease/purchase of the Big Pine Library Property.  Mr. Juliff explained that the Financial Advisory Committee (FAC) is currently developing a policy for the Board’s consideration regarding the disposition of County owned properties.  Mr. Paul Bruce, County Counsel, responded to questions from the Board explaining the parameters surrounding the disposal of County owned property.  Supervisor Jim Bilyeu supported the Fire Department’s request, saying that he felt the best use of that property would be for the Fire District’s use.  He qualified his support for the request by explaining it was important for the Board to identify the process for addressing County owned property and he felt it would be better to address the Big Pine Fire Department’s request regarding the Big Pine Library property at 201 North Main Street, in the fall after the Board has addressed the FAC’s recommendations on County owned land. 

BofS/TOT Ballot Measure CEQA Findings

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to determine that the enactment of the Tourists’ Fair Share Act is not subject to the requirements of the California Environmental Quality Act (CEQA) under CEQA Guideline 15378(b)(4) and Public Resources Code 21065.  Motion carried unanimously.

Ord. 1118 Tourists’ Fair Share Act

On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Ordinance 1118 entitled the Tourists’ Fair Share Act, “An Ordinance of the County of Inyo, State of California Amending Chapter 3.20 of the Inyo County Code, to Increase the Transient Occupancy Tax Rate;” was enacted: motion unanimously passed and adopted. 

Resol. #2006-45/ Tourists’ Fair Share Act Election

County Counsel provided the Board with copies of page one of the resolution calling for a consolidated election, explaining that the date of the election noted in the title was wrong and should be 2006 not 2007.  On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Resolution No. 2006-45 entitled “A Resolution of the Inyo County Board of Supervisors, Calling a Special Election to Submit the ‘Tourists’ Fair Share Act’ to the Voters of Inyo County for Their Approval, and Ordering That the Special Election be Consolidated with the Statewide General Election to be Conducted on November 7, 2006” was approved:  motion unanimously passed and adopted. 

BofS/Argument In Favor of TOT

The Board thanked the County Administrator for the draft of the Argument in Favor of “The Tourist Fair Share Act.”  The Board Members indicated that they wanted to submit the Argument in Favor and ask the individual Chambers of Commerce for authorization to use their names on the Argument.  Supervisor Cash indicated that she would be asking the Bishop City Council for their official support at their next Council meeting.  The Board and Staff discussed the Argument, with County Counsel and the County Administrator recommending the Board authorize the Chairperson to sign the Argument after the names of the organizations supporting the measure are finalized and also authorize the Chairperson to sign a rebuttal should an Argument Against the measure be submitted.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Argument in Favor of “The Tourist Fair Share Act” to be placed on the November 7, 2006 ballot, which will ask the voters to approve a rate increase in the Transient Occupancy Tax as amended to include the names of those organizations which are supporting the Measure; authorize the Chairperson to sign the argument; authorize the Chairperson to work with Staff to develop and sign a rebuttal to an Argument Against the measure should one be submitted; and direct the County Administrator to work with the Clerk-Recorder regarding the inclusion of this argument on the ballot.  Motion carried unanimously.

Recess/
Reconvene

The Chairperson recessed the regular meeting at 10:50 a.m. to reconvene at 11:00 a.m., with all Board Members present.

Ord. 1119/Zone Reclass 2005-07/ LADWP

On a motion by Supervisor Bilyeu and a second by Supervisor Williams, Ordinance 1119 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2005-07/LADWP and Amending the Zoning Map of the County of Inyo by Reclassifying a 17.9-acre Site Located Adjacent to, and Immediately North of, Mazourka Canyon Road in Independence (APN 02-160-04, Lots 31 & 32) from Light Industrial (M-2), 2.5-acre Minimum Lot Size with Precise Plan Overlay to Rural Residential (RR), 1.0-acre Minimum Lot Size (15.9 acres of site) and Light Industrial (M-2), 2-acre Minimum Lot Size (2 acres of site),” was enacted: motion unanimously passed and adopted.

Closed Session

The Chairperson recessed open session at 11:05 a.m., to reconvene in closed session, with all Board Members present to discuss Agenda Item No. 15.  CONFERENCE WITH LABOR NEGOTIATOR [Pursuant to Government Code §54957.6] – Instructions to Negotiators re: wages, salaries and benefits, Employee Organization: ICEA – Negotiators:  CAO Ron Juliff, and Personnel Analyst Sue Dishion.  The Chairperson recessed closed session at 11:30 a.m., to reconvene in open session with all Board Members present.

BofS/QOLA Lease of B.P. Care Center

Mr. and Mrs. Hoover of the Quality of Life Association (QOLA) presented the Board with a revised proposal for the lease of the former Big Pine Care Center.  They also presented the Board with copies of photographs of the facility.  Mr. Hoover discussed the organizations ability to raise funds without a lease and the concern he and other citizens of Big Pine have regarding the deteriorating condition of the building.  The Board and Mr. Hoover discussed the needs of the County prior to the County leasing the facility, which included the requirement for a $100,000 bond.  Supervisor Cash suggested that QOLA approach their benefactors concerning obtaining the required bond on behalf of the organization.  The Board and the QOLA Representatives discussed the make up of the organization and who the members of the Board of Directors were.  The Board indicated they were willing to lease the facility once the County’s bonding requirements were met and once a lease, which was acceptable to both the County and QOLA, had been negotiated.  The Chairperson reiterated that the County was unwilling to move forward until the bond requirements were met and it was now QOLA’s responsibility to meet those bond requirements before negotiations for a lease could proceed.  Mr. and Mrs. Hoover thanked the Board for their suggestions regarding the bond. 

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a CSAC Committee Conference call, including a request that a discussion concerning the County’s position of Prop 88 and 90 be agendized; an Arts Council Meeting and a review of their events calendar; a Yucca Mountain AULG Meeting and a meeting with the new Director; the public meeting in Independence on making Washington Street not a through Street, with the consensus of the attendees that they did not want changes made to the access of the street; a meeting with a Nye County Commissioner concerning the acceptance of Inyo County trash into Pahrump landfill; a Northern Inyo Airport Advisory Board Meeting; and notification that Wyman Road has been temporarily closed due to damage.

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 12:57 p.m., to 9:00 a.m., Tuesday, August 8, 2006, in the Board of Supervisors Room, at the County Administrative Center in Independence.