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, July 25 , 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 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 Dept. Report period.   Mr. Tom Brooks, Water Director, informed the Board that the item concerning direction on the Green Book would be delayed and scheduled for the Board Meeting of August 8, 2006.   Mr. Brooks went on to report on the Judge’s tour of the LORP project.   The Agricultural Commissioner, Mr. George Milovich, updated the Board on a California Agricultural Commissioner’s Annual Weed Tour.   Ms. Linda Anisman, Director of Child Support Services, informed the Board that the Department would be implementing the last phase of the most recent State mandated computer conversion, explaining that as with any computer conversion there might be a disruption of services.

Transit/Blanket P.O.s

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve blanket purchase orders for the preventative maintenance and repair of buses and autos in the transit fleet to vendors and in amounts as recommended by Staff, contingent upon the Board’s adoption of a FY 2006-07 budget.   Motion carried unanimously.

Transit/Calif. Dept. of Gen. Serv. Agreement

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the Agreement between the County of Inyo and State of California Department of General Services for radio maintenance services provided by the Telecommunications Division of Caltrans to Inyo Mono Transit on an as-needed basis, for the period of July 1, 2006, through June 30, 2007; and authorize the Transit Director to sign.   Motion carried unanimously.

CSS/Print N Mail Contract

Moved by Supervisor Williams and seconded by Supervisor Cervantes to declare Print N Mail a sole source provider of printing and mailing services and approve the Contract between the County of Inyo and Print N Mail, Inc., for the provision of printing and mailing services for the period of July 1, 2006, through June 30, 2007, in an amount not to exceed $10,000, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

County Counsel/ Local Agencies Conflict Codes

Moved by Supervisor Williams and seconded by Supervisor Cervantes to receive and approve the 2006 Conflict of Interest Code Biennial Reports from Local Agencies as recommended by Staff.   Motion carried unanimously.

County Counsel/ County Dept. Conflict Codes

Moved by Supervisor Williams and seconded by Supervisor Cervantes to receive and approve the 2006 Conflict of Interest Code Biennial Reports from Inyo County Departments as recommended by Staff and the Conflict of Interest Codes from the Public Works and Sheriff’s Departments.   Motion carried unanimously.

HHS-Behavioral Hlth./Charis Youth Center Contract

Moved by Supervisor Williams and seconded by Supervisor Cervantes to ratify and approve the Contract between the County of Inyo and Charis Youth Center for the provision of mental health placement services in an amount no to exceed $55,000, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.    Motion carried unanimously.

HHS-Behavioral Hlth./K. Hall Contract

Moved by Supervisor Williams and seconded by Supervisor Cervantes to ratify and approve the Contract between the County of Inyo and Kimberly Hall, Psy.D., for the provision of mental health services in an amount not to exceed $5,000, for the period of July 1, 2006, through June 30, 2007, contingent upon the Board’s adoption of a FY 2006-07 Budget; and authorize the Chairperson to sign.   Motion carried unanimously.

P.W./L.P. Park Fence Replacement Project Contract

Moved by Supervisor Williams and seconded by Supervisor Cervantes to award the bid and approve the Contract for the Lone Pine Park Fence Replacement Project to Boyd Fencing Company in an amount not to exceed $29,605.55, contingent upon the Board’s adoption of a FY 2006-07 Budget and authorize the Chairperson to sign, and authorize the Public Works Director to execute all other contract documents, including contract change orders to the extent permitted by Public Contract Code Section 20142 and other applicable law.    Motion carried unanimously.

Rd. Dept./W. Mt. View Street Closure

Moved by Supervisor Williams and seconded by Supervisor Cervantes to approve the temporary closure of West Mt. View Street in Lone Pine on July 29, 2006 between the hours of 9:00 a.m., and 3:00 p.m.    Motion carried unanimously.

Rd. Dept./Desert Aggregates Plant Mix Asphalt Contract

Moved by Supervisor Williams and seconded by Supervisor Cervantes to award the bid and approve the Contract for the purchase of plant mixed asphalt materials to Desert Aggregates, in an amount not to exceed $144,000, 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.   Motion carried unanimously.

BofS/Oil Tax Initiative Opposition

The Board discussed the “Oil Tax Initiative” and agreed to the County’s position opposing the initiative. The Board discussed that this initiative (a) sets up an additional State bureaucracy with a $4-billion budget, which will operate outside of the State’s Budget process and (b) is bad public policy because this bureaucracy will operate outside of the legislative process.    Supervisor Williams suggested the County also become proactive in efforts to identify alternative fuel, explaining that he felt it was going to be important to address alternative fuels and new fuel technologies in the future.   The Board discussed CSAC and RCRC’s role in future actions concerning alternative fuel, with Supervisor Cash suggesting that Supervisor Williams become active with CSAC’s Agriculture and Natural Resources Committee in order to pursue his concerns with alternative fuels.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to oppose the “Oil Tax Initiative;” authorize the Chairperson to sign a letter stating the Board’s opposition; and continue to support efforts through RCRC and CSAC to advance alternative fuel that benefit the citizens of Inyo County.   Motion carried unanimously.

Ag. Comm/ Advisory Board Appointments

The Board conveyed their thanks and appreciation to those seeking appointment to the Agricultural Resource Advisory Board.   The Agricultural Commissioner confirmed that all of the applicants qualify to represent either of the two categories.   Supervisor Arcularius informed the Board that Dr. Tom Talbot had indicated that he would withdraw his name from consideration if Dr. William Talbot were to be appointed. Supervisor Arcularius nominated Dr. William Talbot, explaining that his experience on the School Board and other governing Boards would be valuable to this newly formed Advisory Board.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to appoint Dr. William A. Talbot and Mr. Gregory Allen to serve on the Agricultural Resource Advisory Board to represent the Los Angeles Department of Water and Power lessee category and the business community at large category respectively, to serve initial terms to be staggered per the Advisory Board’s by-laws.   Motion carried unanimously.

Resol. #2006-42/ Inyo Operating FTA Grant

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-42 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 $78,072, and authorize the Transit Director to sign the application: motion unanimously passed and adopted.

Resol. #2006-43/ Mono Operating FTA Grant

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Resolution No. 2006-43 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 $55,919; and authorize the Transit Director to sign the application: motion unanimously passed and adopted.

BofS/Minute Approval

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to approve the minutes of the July 7, 2006 Board of Supervisors Meeting.   Motion carried unanimously on a four-to-zero vote, with Supervisors Arcularius, Williams, Bilyeu and Cervantes voting yes and with Supervisor Cash abstained.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the minutes of the July 11, 2006 Board of Supervisors Meeting.   Motion carried unanimously.

Recess/Reconvene

The Chairperson recessed the regular meeting at 9:55 a.m., to reconvene at 10:00 a.m., with all Board Members present.

Ord. 1117Inyo First 5 Outcomes Measurement

On a motion by Supervisor Arcularius and a second by Supervisor Bilyeu, Ordinance 1117entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, to Add Section 2.50.130 to the Inyo County Code and Amending Section 2.50.160 to Add the Charge of Outcomes Measurement,” was adopted: motion unanimously passed and adopted.

Dist./No. Inyo Hospital Election Consolidation

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to consolidate the District’s election with the statewide general election to be held on November 7, 2006.   Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week including a Sierra Nevada Conservancy Meeting, a visit to Tecopa, the Division Creek Rest area reopening ceremonies; a meeting with State Health Officials and representatives of the Independence CSD regarding the Town Water System; the Judge Cooper’s tour of the LORP; a Lone Pine town meeting; a visit to the Mammoth Airport which included a discussion regarding the possibility of the County acquiring a fire truck for use at the Eastern Sierra Regional Airport.   The County Administrator reported on a Town of Mammoth Lakes City Council/County of Mono Board of Supervisors joint meeting in which it was determined that the two entities needed to work together on joint issues.   He also reported on the Lone Pine town meeting, which was being negatively reported by one of the local radio stations that the County has 56 buildings and only $27,000 budgeted for Deferred Maintenance for those facilities.

BofS/TOT November 7, 2006 Ballot Measure

The Chairperson opened the public hearing at 10:37 a.m. on the proposed Tourists’ Fair Share Act, which increases the County’s Transient Occupancy Tax by three percent (3%) to 12%.   The County Administrator explained that in order to increase the TOT the voters had to approve the ballot measure.   He reviewed the request before the Board to consider placing this question on the November 7, 2006 ballot.   Mr. Juliff explained that the proposed measure was for a general tax, which would require a simple majority, which is about 51%, rather than the previous measure, which dedicated the funds and required a supermajority for passage.   He confirmed that the need for the increase remain the same in that dwindling revenues and increasing expenditures are causing serious budgeting limitations in the County, which will affect services in the near future.  

The Board and Staff discussed the measure and the need to continue to educate the electorate on the needs of the County.   The Board reiterated that the increase would simply bring Inyo County’s rate in line with that of Mono County and the City of Bishop as well as bring it closer to the Town of Mammoth Lakes, which is now at 13%.   The County Administrator highlighted differences between the two ballot measures, noting that the Big Pine Chamber of Commerce, which opposed the previous measure, is now supporting this measure.  

The Board discussed the need to produce a fact sheet and take steps to ensure that the public is informed about this measure.   Supervisor Arcularius expressed a desire to see the Coalition of Chambers possibly write the Argument in Favor of this measure and requested that the Chairperson send a letter to the Coalition of Chambers to see if they might be interested in writing the Argument in Favor of the measure.   The Board and Staff discussed the timing issues for the submittal of the Argument in Favor.   Supervisors Arcularius, Cash, Williams and Bilyeu expressed their continued support for this ballot measure, explaining that the increase will not be paid by the people of Inyo County but by the visitors who impact the services paid for by the residents.   Supervisor Cervantes indicated that he would not support the measure, explaining that while it might appear that he is being a bit inconsistent in that he has voted to put the ballot measure before the voters, he was not personally supporting it.   There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:55 a.m.  

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to waive the first reading of 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;” schedule August 1, 2006 as the date for the Board to enact the ordinance, and adopt a resolution calling for an election on November 7, 2006 to submit the Tourists’ Fair Share Act to the voters, and consolidating that election with the Statewide general election to be held on that date and direct Staff to agendize a discussion and action item regarding the submittal of an argument in support of the Tourists’ Fair Share Act for inclusion in the ballot materials and/or an informational fact sheet concerning the tax, and give direction as appropriate for the August 1, 2006 Board of Supervisors Meeting.    Motion carried unanimously.

Recess/Reconvene

The Chairperson recessed the regular meeting at 10:57 a.m., to reconvene at 11:07 a.m., with all Board Members present.

Planning/GPA and Zone Reclass on 17.9 Independence Land Release Property

The Chairperson opened the public hearing at 11:07 a.m. on the following actions, for a 17.9-acre site (Lots 31 & 32 of APN 02-160-04) located adjacent to, and immediately north of, Mazourka Canyon Road, Independence:   (1) A General Plan Amendment to change the General Plan designation from Residential Estate (RE), one dwelling unit per five acres & Light Industrial (LI) to Residential Rural High Density (RRH), one dwelling unit one acre (15.9 acres of site) & Light Industrial (LI) (2 acres of site) and (2) A proposed ordinance 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).”   Ms. Tanda Gretz, Associate Planner, reviewed the Staff report and recommendations. There was no one from the public wishing to address this issue.   The Chairperson closed the public hearing at 11:16 a.m.

Resol. #2006-44/ GPA 2005-05 CEQA Cert.

On a motion by Supervisor Bilyeu and a second by Supervisor Williams, Resolution No. 2006-44 was adopted, approving General Plan Amendment #2005-05/LADWP and certifying that the requirements of the California Environmental Quality Act (CEQA) have been met: motion unanimously passed and adopted.

Planning/Zone Reclass 2005-07

Moved by Supervisor Bilyeu and seconded by Supervisor Williams to waive the first reading of the ordinance approving Zone Reclassification #2005-07/LADWP and schedule the enactment for 10:00 a.m., Tuesday, August 1, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Closed Session

The Chairperson recessed open session at 11:17 a.m., to convene in closed session, with all Board Members present to discuss Agenda Item No. 21.   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, Personnel Analyst Sue Dishion and Inyo-Mono Transit Director Monika Watterson.   The Chairperson recessed closed session at 12:02 p.m., to reconvene in open session to receive a report on closed session.

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 12:02 p.m., to 9:00 a.m., Tuesday, August 1, 2006 in the Board of Supervisors Room, at the County Administrative Center, in Independence.