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County
of Inyo
Board
of Supervisors |
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The Board of Supervisors of the
County of Inyo, State of California, met in regular session at the hour of 8:15
a.m., on Tuesday, July 20, 2004,
in the Board of Supervisors Room, County Administrative Center, Independence,
with the following Supervisors present: Chairperson Carroll “Butch” Hambleton presiding, Linda
Arcularius, Julie Bear, Ted Williams, and Michael Dorame.
Supervisor Dorame provided the Invocation, and Supervisor Bear led the
Pledge of Allegiance.
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| Public
Comment
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The Chairperson announced the public comment period and
there was no one from the public wishing to address the Board.
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County
Dept. Reports
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The
Chairperson announced the County Department Report period.
Supervisor Arcularius read into the record a letter from Esmerelda
County Commissioner Bill Kirby regarding Furnace Creek Road Closure and
Esmerelda County’s offer to adopt it for future maintenance.
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| Resol.
#2004-30/ Electronic Waste Recovery System
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On
a motion by Supervisor Bear and a second by Supervisor Arcularius
Resolution No. 2004-30, was adopted allowing the County to participate in
the Covered Electronic Waste Recovery Payment System: motion unanimously
passed and adopted.
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Integ.
Waste/ Morris Contract
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Moved
by Supervisor Bear and seconded by Supervisor Arcularius to approve the
Agreement between the County of Inyo and Andy Morris for maintenance
services at the Keeler Transfer Station for the period of July 20, 2004,
through June 30, 2005, in an amount not to exceed $1,700, contingent upon
the Board’s adoption of a FY 2004/05 Budget; and authorize the
Chairperson to sign contingent upon the appropriate signatures being
obtained. Motion
carried unanimously.
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| HHS-Calworks/
IMACA Client Services Contract
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Moved by Supervisor Bear and
seconded by Supervisor Arcularius to approve the Contract between the County of Inyo and Inyo Mono
Associates for Community Actions, Inc., (IMACA) for client services for
the period of July 1, 2004, through June 30, 2005, in an amount not to
exceed $24,000, contingent upon the Board’s adoption of a FY 2004/05
Budget; and authorize the Chairperson to sign.
Motion carried unanimously.
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HHS-Behavioral
Hlth./A.V. Hospital Contract
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Moved
by Supervisor Bear and seconded by Supervisor Arcularius to approve the
Contract between the County of Inyo and Antelope Valley Hospital for the
provision of inpatient mental health services, including professional
services, for the period of July 1, 2004 through June 30, 2005, in an
amount not to exceed $10,000, contingent upon the Board’s adoption of a
FY 2004/05 Budget; and authorize the Chairperson to sign.
Motion carried unanimously.
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Sheriff/Seimens
Maintenance Services Contract
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to approve the Contract between the County of Inyo and Siemens for the
provisions of maintenance and service of fire and safety equipment, for a
three-year period beginning July 1, 2004, through June 30, 2007, in an
amount not to exceed $21,565 annually, contingent upon the Board’s
adoption of a FY 2004/05 budget and future budgets; and authorize the
Chairperson to sign. Motion carried
unanimously.
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Sheriff/Hercules
Tech. Contract
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to approve the Contract between the County of Inyo and Hercules
Technologies for consultant services, for the period of July 1, 2004,
through September 30, 2004, in an amount not to exceed $32,500; and
authorize the Chairperson to sign. Motion carried
unanimously.
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VSO/Compliance
Certificate
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to approve the Subvention and Medi-Cal Certificate of Compliance for FY
2004/05 and authorize the Chairperson to sign. Motion carried unanimously.
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P.W.-Bldg.
& Maint./LPG Contracts
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to A) award and approve the contract for liquefied propane gas (LPG) for
County offices located in Bishop, Big Pine, Independence and Lone Pine,
for the period of July 1, 2004, through June 30, 2007, with Amerigas of
Bishop, contingent upon the Board’s adoption of a FY 2004/05 Budget and
future budgets; and authorize the Chairperson to sign, contingent upon the
appropriate signatures being obtained.
Motion carried unanimously.
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Rd./State
Controller Contract for Annual Audit
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to approve the Contract between the County of Inyo and the Controller of
the State of California for the preparation of the Annual Road Report for
fiscal year ending June 30, 2004, in an amount not to exceed $4,000,
contingent upon the Board’s adoption of a FY 2004/05 budget; and
authorize the Chairperson to sign. Motion carried
unanimously.
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Rd./Repair
Parts & Tires P.O.
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Moved by Supervisor Bear and seconded by Supervisor Arcularius
to approve blanket purchase orders to vendors and in amounts as
recommended by Staff for vehicle and equipment repair parts and tires.
Motion carried
unanimously.
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Resol.
#2004-31/ Appropriations Limit
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The
Auditor provided the Board with a copy of the resolution setting forth the
calculations of the appropriations limitations.
On a motion by Supervisor Dorame and a second by Supervisor
Williams, Resolution No. 2004-31, was adopted accepting the calculations
of the appropriations limitation for the County of Inyo for FY 2004/05:
motion unanimously passed and adopted.
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| Planning/Regional
Housing Needs Assessment Contract
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Ms.
Leslie Klusmire, Planning Director, provided additional information and
further justification for the contract for the Regional Housing Needs
Assessment. Ms. Klusmire
responded to questions from the Board.
Moved by Supervisor Bear and seconded by Supervisor Williams to
approve the Contract between the County of Inyo and McCormick and
Associates, Inc., for the Regional Housing Needs Assessment being
conducted by the Eastern Sierra Council of Governments, for the period of
July 1, 2004, through June 30, 2005, in an amount not to exceed $83,000,
contingent upon the Board’s adoption of a FY 2004/05 budget; and
authorize the Chairperson to sign, contingent upon the appropriate
signatures being obtained. Motion carried unanimously.
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| Integ.
Waste./ Solid Waste Fee Increases
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Mr.
Chuck Hamilton, Deputy County Administrator, reviewed the alternatives
regarding the increase of solid waste fees.
The Board indicated they wanted to proceed with Alternative No. 2,
which would only go into effect should the voters not approve the increase
in the TUT rate. The Board
indicated they wanted to establish the rate schedule so that the public
would know what the rates would be should the TUT increase not be approved
by the voters. The Board directed Staff to take the appropriate steps to
initiate the process to raise solid waste disposal fees per Staff
Recommendation No. 2.
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| TUT
Rate Increase Ordinance and Ballot Measure
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The
County Administrator reviewed the proposed ordinance, which would place
before the voters in November, 2004, a rate increase in the Transactions
and Use Tax (TUT). He
explained that the increased revenue would help cover the increasing costs
of the County’s solid waste disposal program.
Mr. Mendez provided a brief history of the current TUT rate,
including discussions on, but not limited to, when and why the TUT was
first instituted, how it is distributed, the amount of revenue that is
generated currently with the rate of 1/2% (0.5%), and the amount that will
be generated by either a 1/4% increase or a 1/2% increase.
The County Administrator and County Counsel explained that for the
Board to adopt the ordinance it will take a 3/5’s vote, and to place the
ordinance on the ballot will require a 4/5’s vote. The individual Board
Members indicated their preferences regarding the increase and discussed
placing both the TUT and TOT increases on the same ballot.
The Board and Staff discussed placing a sunset clause on the
ordinance, with County Counsel providing an explanation and examples of
parameters for sunset clauses. Supervisor Williams reiterated that he was
supporting the 1/4% increase and only placing the TUT increase on the
ballot. Supervisors
Arcularius, Bear, Hambleton and Dorame expressed their support of placing
both increases before the voters, saying that they had complete confidence
in the voters ability to assess the needs for County services and other
County mandates and requirements and make the determination on whether
they want to fund those commitments or reduce and/or eliminate
discretionary services. It
was moved by Supervisor Bear and seconded by Supervisor Arcularius to
direct staff to begin the process to place on the November 2, 2004 ballot,
a “general purpose” rate increase of the TUT of 1/2%, with a five-year
sunset clause. Supervisor
Arcularius withdrew her second upon clarification that she was actually
supporting a 1/4% TUT increase and had misunderstood the motion. The motion was then seconded by Supervisor Dorame and
carried on a three-to-two vote, with Supervisors Bear, Hambleton and
Dorame voting yes, and with Supervisors Arcularius and Williams voting no.
At
the conclusion of the motion the County Administrator reminded the Board
that while an ordinance could be adopted with a 3/5’s vote, it would
require a 4/5’s vote to place the ordinance on the ballot.
The Board and Staff continued to discuss the proposed increase in
great detail and at length. Ms. Leslie Chapman, Auditor-Controller,
addressed the Board to identify her concerns with diminishing revenues and
the danger of not having sufficient funds to meet County commitments,
requirements and mandates. Several
Board Members expressed a desire to discuss the proposed increase to the
TOT, prior to continuing the discussion on the TUT.
The Chairperson recessed the regular meeting at 10:45 a.m.,
reconvening at 11:05 a.m., with all Board Members present.
The Chairperson explained that prior to further discussion on the
TUT increase, the Board would consider the next Agenda Item regarding a
proposed increase in the TOT.
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| TOT
Rate Increase Ordinance and Ballot Measure
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The
Board and Staff discussed the recommendation to raise the Transient
Occupancy Tax (TOT) from 9% to 12% and to apply the rate to campgrounds
and recreational vehicle parks. The County Administrator reviewed the Staff Report and
recommendations regarding the proposed increase. The Board Members reiterated their positions and arguments
for and against placing both the TUT and the TOT rate increases on the
ballot. Supervisor Williams
expressed his concern with getting two measures passed and advocated for
postponing the TOT rate increase until the next General Election. The County Administrator and County Counsel reiterated the
voting requirements needed to adopt the ordinance and place it on the
ballot, which were the same as identified in the TUT discussion.
Mr. Rich White, representing the Coalition of Chambers of Commerce,
addressed the Board to convey the Chambers’ support of the increase and
explaining that it was the desire of the Chambers to have the rate
increase placed before the voters as a “special” tax which would
require the super-majority vote for passage and in conjunction with that
increase would like to be guaranteed a portion of the total revenues.
He qualified this request by explaining that in light of learning
about the possibility of CEQA being applicable and other obstacles which
would preclude the question from going to the voters for two years, the
Chambers would support the recommendation being considered.
The Board acknowledged with appreciation the continued support of
the Chambers and expressed their anticipation of continued support from
the Chambers and other Grants-in-Support agencies, in light of the
County’s ongoing fiscal constraints.
The Board and Staff continued to discuss the proposal to raise the
TOT rates, with the Board highlighting that it is the tourists and other
visitors who are staying in the County’s hotels, motels, etc., that will
be charged this rate, and it will be the citizens of the County who will
see their services maintained and not reduced or eliminated as a result of
the additional revenue generated. Moved
by Supervisor Arcularius and seconded by Supervisor Bear to direct Staff
to initiate the process to increase the Transient Occupancy Tax Rate from
9% to 12% and expand the existing ordinance to make the tax rate
applicable to campgrounds and recreational vehicle parks, and place this
ordinance before the voters at the November 2, 2004, General Election.
Motion carried on a four-to-one vote, with Supervisors Arcularius,
Bear, Hambleton and Dorame voting yes, and with Supervisor Williams voting
no.
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| TUT
Rate Increase Ordinance and Ballot Measure
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The
Board continued their discussions regarding the proposed increase to the
Transactions and Use Tax (TUT). County
Counsel provided further clarification on the sunset clause and the role
of the State Board of Equalization, which will be the entity that will
collect and distribute the TUT. The
Board and Staff continued to debate the merits of increasing the tax rate
by 1/4% and 1/2% and of placing both increases before the voters at the
same election. At the
conclusion of the discussion, and in light of the timeline layed-out by
County Counsel for the applicability of the sunset clause, the prior
motion regarding the TUT rate increase which passed on a three-to-two
vote, but did not have the 4/5’s support required for placement on the
ballot was reconsidered. Moved
by Supervisor Bear and seconded by Supervisor Dorame to direct Staff to
initiate the process to increase through a “general” tax revenue, the
Transactions and Use Tax (TUT) rate by 1/2% taking it to a total of 1%,
place a six (6) year sunset clause on the increase and place the ordinance
before the voters for approval at the November 2, 2004, General Election.
Motion carried unanimously.
At
the conclusion of this action, the Board Members acknowledged that while
the previous discussions were lengthy and at times may have appeared
contentious there was an inherent need to have the type of critical debate
that had occurred. The Board
reiterated that once the Board decision had been made that it was a
commitment of the entire Board to stand behind their actions and take
every opportunity to fully inform and educate the public as to why there
is a need for the increases and the impact to services if the measures
fail.
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| BofS/Meeting
with LA Mayor Hahn
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Citing
a conflict, Supervisor Bear recused herself from the meeting.
The County Administrator updated the Board on the impending visit
of LA City Mayor James Hahn, who will be meeting with a variety of
entities in the Eastern Sierra to talk about conservation easements on
City lands owned in Inyo and Mono Counties.
Mr. Mendez informed the Board that Inyo County had received an
official invitation to meet with Mayor Hahn on Friday morning, July 23,
2004, and recommended that the Chairperson and Supervisor Arcularius be
the Board representatives at the meeting with the Mayor and that he and
Mr. James, Water Director, also attend.
The County Administrator stressed that this was a fact-gathering
mission for the County because to date there is only rumor surrounding the
easement proposal and the County has not seen a formal proposal.
He suggested that the discussions should center on keeping the
process open to the public and must include the County of Inyo being
included from the beginning as the primary stakeholder.
The Board and Staff discussed other topics, which should be
discussed including establishing a protocol and process for identifying
concerns and the inclusion of the leaseholder rights.
Mr. Tony Taylor of the Eastern Sierra Conservancy, addressed the
Board to intimate that there is a formal easement proposal being
discussed, indicating that it was his understanding that while he had not
seen a written agreement, that the concerns to be addressed were
development rights and control of mining.
Mr. Taylor responded to questions from the Board.
At the conclusion of the discussion the Board concurred with the
County Administrator’s recommendations and designated Supervisor
Hambleton, Chairperson and Supervisor Arcularius, to meet with Los Angeles
Mayor James Hahn regarding a potential conservation easement or other
similar vehicle being explored and discussed by the City of Los Angeles on
City of Los Angeles owned lands in the Owens Valley and ask that the
results of the meeting be reported at next Tuesday’s meeting.
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| BofS/Minute
Approval
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Moved
by Supervisor Arcularius and seconded by Supervisor Williams to approve
the minutes of the July 6, 2004, Board of Supervisors meeting.
Motion carried unanimously,
with Supervisor Bear absent.
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| Recess/
Reconvene
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Prior
to recess, the Chairperson announced that when the Board returned from
their lunch break at 1:30 p.m., they would reconvene their budget hearings
to consider the Advertising County Resources and Grants-in-Support
Budgets, and at the conclusions of the budget hearings would reconvene
their regular meeting. The
Chairperson recessed the regular meeting at 12:30 p.m., reconvening in
closed session at 3:30 p.m., with all Board Members present.
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| Closed
Session
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The
Board met in closed session to discuss Agenda Items No. 20.
CONFERENCE
WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6)
- Instructions to Negotiators re: wages, salaries and benefits - Title -
Deputy Sheriff’s Association (DSA) - Negotiator - County Administrative
Officer & Personnel Analysis; and No. 21. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section
54957.6) - Instructions to Negotiators re: wages, salaries and
benefits - Title - Law Enforcement Administrators’ Association (LEAA) -
Negotiator - County Administrative Officer & Personnel Analyst.
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| Report
on Closed Session
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The
Chairperson recessed closed session at 4:05 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.
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Adjournment
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The
Chairperson adjourned the regular meeting at 4:05 p.m. to 9:00 a.m., July
27, 2004, in the Board of Supervisors Room, at the County Administrative
Center, in Independence.
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_____________________________________
Chairperson,
Inyo County Board of Supervisors
Attest: RENÉ
L. MENDEZ
Clerk of the Board
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