County of Inyo

 
The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:10 a.m., on Tuesday, July 27, 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 Williams led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.  Mr. Rich White, Independence Chamber of Commerce, invited the Board to attend the State Fair and visit the County’s Cal Expo Exhibit.

County Dept. Reports

The Chairperson announced the County Department Report Period.  Ms. Jean Dickinson, Director of Health and Human Services, addressed the Board to correct an error, which was printed in the Inyo Register regarding last year’s Grand Jury Report.  She clarified that while the newspaper article indicates HHS had not cooperated with the Grand Jury, the actual Grand Jury Report thanks the Department for their cooperation and assistance.   Mr. John Treacy, Treasurer-Tax Collector, updated the Board on the status of the County’s district tax delinquencies, informing the Board that Southern Inyo Fire Protection District’s rate is running about 24%.  He explained that while this is substantially higher than other District’s the delinquencies are accruing with penalties and interest.  He clarified that he did not feel the County was at risk and should the properties reach the tax auction process they would sell for sufficient amounts for the County to recover their costs.

Introduction

Ms. Jean Dickinson, Director of Health and Human Services, introduced Ms. Michele Thomas, Account Tech I, in the Health and Human Services Department, to the Board.

Workshop on Child Welfare

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with representatives of the Health and Human Services Department on the Inyo County Child Welfare Self-Assessment Document with regard to compliance with AB 636.  The Chairperson recessed the workshop at 10:00 a.m., to reconvene in open session, with all Board Members present.

Integ. Waste/ Kern County Solid Waste Disposal

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Agreement between the County of Inyo and Kern County for the disposal of solid waste generated within the most southern area of the County at the Ridgecrest Sanitary Landfill for the period of November 1, 2003, through June 30, 2006, at the annual fee of $7,067, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign.  Motion carried unanimously.

Ag. Comm./ Quad P.O.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to A) authorize the emergency purchase of a Polaris 700 Twin EFI replacement 4x4 Quad ATV (Fixed Asset) from Mammoth Polaris in an amount not to exceed $7,500; and B) authorize the County Administrator and Auditor-Controller to take the appropriate actions to facilitate this purchase prior to final budget adoption.  Motion carried unanimously.

Child Support/ Print N Mail Contract

Moved by Supervisor Arcularius and seconded by Supervisor Williams to declare Print N Mail, Inc., a sole source provider of printing, mailing and credit card payment services and approve the Contract between the County of Inyo and Print N Mail, Inc. for the provision of printing, mailing and credit card payment services, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $12,000, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Clerk/Election Preprinting Payment Authority

Moved by Supervisor Arcularius and seconded by Supervisor Williams to authorize a payment to Sequoia Voting Systems in the amount of $16,000 (estimated 1/2 of the total cost) prior to receipt of printed election materials in order to obtain a discount of 3% on the total cost of printing election materials.  Motion carried unanimously.

E. Health/Water Testing Supplies

Moved by Supervisor Arcularius and seconded by Supervisor Williams to declare IDEXX Laboratories, Inc., a sole-source provider of certain water testing laboratory supplies and approve the purchase of water testing supplies as recommended by the department from IDEXX Laboratories, Inc., through a blanket purchase order in an amount not to exceed $10,815.23, for the period of July 1, 2004, through June 30, 2005.  Motion carried unanimously.

Sheriff/Stout Lease

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Lease between the County of Inyo and Jack Stout Enterprises for the Sheriff’s Big Pine Substation, for the period of July 1, 2004, through June 30, 2005, at the rate of $400 per month, contingent upon the Board’s adoption of a FY 2004/05 budget; and authorize the Chairperson to sign.  Motion carried unanimously.

Farm Advisor/ Sample Ballot Information

The County Administrator provided additional information and further explanation on the request to utilize blank pages on the sample ballot to provide information about the Farm Advisor’s 4-H Program.  Moved by Supervisor Williams and seconded by Supervisor Dorame to authorize the Clerk-Recorder to insert a general information page about our 4-H Program on a blank page in the sample ballot booklet that will be sent out to voters before the November Election.  Motion carried unanimously.

HHS-Misc./ Bishop Plaza Lease Change

County Counsel provided additional information regarding the Subordination, Non-Disturbance and Attornment Agreement for the Bishop Plaza Office Lease, explaining that this agreement does not change the County’s rights under the lease.  Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the Subordination, Non-Disturbance and Attornment Agreement between the County of Inyo and the California Bank and Trust, in reference to the Bishop Plaza Office Lease, and authorize the Chairperson to sign.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:15 a.m., reconvening at 10:25 a.m., with all Board Members present.

BofS-CAO/TOT Rate Increase to Voters

The County Administrator reviewed the Staff Report and recommendations regarding the ordinance to be placed before the voters for approval to raise the TOT rate from 9% to 12% and to expand the rate to apply to campgrounds and recreational vehicle parks.  Mr. Mendez responded to questions from the Board explaining that the rate would apply to concessionaires and that all operators retain and will retain 4% of the tax to cover their administration costs.  The Board and Staff discussed the need to address County campground rates, if the voters approve this ordinance.  Moved by Supervisor Arcularius and seconded by Supervisor Dorame to waive the first reading of an ordinance 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 and Making Such Tax Applicable to Campgrounds and Recreational Vehicle Parks;” and schedule the enactment for 10:05 a.m., Tuesday, August 3, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

BofS-CAO/TUT Rate Increase to Voters

The County Administrator reviewed the Staff Report and recommendations regarding the ordinance to be placed before the voters for approval to raise the TUT rate 1/2% and set a six (6) year sunset on the increase.  Board and Staff discussed how the increased revenues generated from this tax will cover increased solid waste disposal costs and protect negative impact to other services and programs.  Moved by Supervisor Dorame and seconded by Supervisor Williams to waive the first reading of an ordinance entitled “An Ordinance of the County of Inyo, State of California, Amending Chapter 3.32 of the Inyo County Code, to Increase the Transactions and Use Tax Within the County of Inyo for a Period of Six (6) Years;” and schedule the enactment for 10:05 a.m., Tuesday, August 3, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

Ord. 1082/Zone Reclass 2004-2/ Price

On a motion by Supervisor Williams and a second by Supervisor Dorame, Ordinance 1082 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2004-02/Price and Amending Ordinance No. 943, the Inyo County Zoning Ordinance, by Reclassifying a 2,700 Square Foot Portion of a Parcel of Property Located at 610 South Edwards Street (U.S. Highway 395) in the Community of Independence from C-2-10,000 (Highway Services and Tourist Commercial - 10,000 Square Feet Minimum) to R-1-5,800 (One Family Residence - 5,800 Square Feet Minimum,)” was adopted: motion unanimously passed and adopted.

Planning/Fee Increase Ordinance

The Chairperson opened the public hearing at 10:50 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Section One of County Ordinance 947, Section One of County Ordinance 948, and Sections 2.40.050, 7.70.030 and 7.70.075 of the Inyo County Code Repealing Part of Section One of County Ordinance 942, All of Section Fifteen of County Ordinance 1004, and All of Chapter 3.60 of the Inyo County Code, and Enacting a New Chapter 3.60 of the County Code in order to Revise the Schedule of Fees Charged by the Planning Department for Processing Development Applications and For Providing Various Other Planning Services.”  Ms. Leslie Klusmire, Planning Director, reviewed the Staff Report and recommendation.  The Board and Staff discussed the proposed fees.  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 Arcularius and seconded by Supervisor Dorame to waive the first reading of an ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Amending Section One of County Ordinance 947, Section One of County Ordinance 948, and Sections 2.40.050, 7.70.030 and 7.70.075 of the Inyo County Code Repealing Part of Section One of County Ordinance 942, All of Section Fifteen of County Ordinance 1004, and All of Chapter 3.60 of the Inyo County Code, and Enacting a New Chapter 3.60 of the County Code in order to Revise the Schedule of Fees Charged by the Planning Department for Processing Development Applications and For Providing Various Other Planning Services;” schedule the enactment for 10:05 a.m., Tuesday, August 3, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence; and request the Planning Director to return in six months after the implementation of the fees to report on the impact of the fees.  Motion carried unanimously.

Planning/ Amendments to Crystal Geyser and Quad Knopf Contracts

Moved by Supervisor Dorame and seconded by Supervisor Bear to approve Amendment Number One to the Agreement between the County of Inyo and Crystal Geyser Roxane and Amendment Number One of the Agreement between the County of Inyo and Quad Knopf, Inc., for environmental review and processing services for the proposed Crystal Geyser Roxane Beverage Bottling Plant Project, extending the term of the contracts to end August 1, 2005, and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

CAO-Budget/ Update

The County Administrator provided the Board with an update on the status of the State budget, informing the Board that the State has tentatively reached resolution on a budget and briefly outlined the information that is currently known regarding the budget

Org.-Arts Council/Millpond Closure

Moved by Supervisor Dorame and seconded by Supervisor Williams to authorize the closure of the Millpond County Parks to the public from Friday, September 17, 2004, at 6:00 a.m., through Sunday, September 19, 2004, at 11:00 p.m., for the Annual Millpond Music Festival.  Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 11:18 a.m., reconvening at 11:25 a.m., with all Board Members present.

BofS/Report on Meeting with Mayor Hahn

Prior to the Board receiving a report on the July 23, 2004, meeting with Los Angeles Mayor James Hahn, Supervisor Bear declared a conflict and left the meeting.  The County Administrator reported that the meeting with Mayor Hahn had gone well.  He reported that the Mayor was receptive to the County’s concerns, while stopping short of committing himself to any specific proposal regarding the development rights on City of Los Angeles Department of Water and Power property in the Eastern Sierra.  Supervisors Hambleton and Arcularius echoed Mr. Mendez’s sentiments.  Mr. Mendez informed the Board that the Mayor had appointed one of his deputies to be the County’s contact person on this issue and that he would be following up with the Mayor’s office in the very near future to get the process of working together moving. 

Closed Session

County Counsel announced that Agenda Items No. 23. 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 Analyst; and 24. 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, had been pulled from the Agenda at the request of the County Administrator. 

The Chairperson recessed open session at 12:40 p.m., to convene in closed session, with all Board Members present, except Supervisor Arcularius, who had left the meeting after receiving a call that her daughter-in-law had gone into labor, to discuss Agenda Items No. 21.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sierra Club v. City of Los Angeles, Department of Water and Power, Inyo County Superior Court Case No. SICVCV01-29768; and No. 22.  CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(c) – One Case - Decision whether to initiate litigation.

Report on Closed Session

The Chairperson recessed closed session at 3:15 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. 

Adjournment

The Chairperson adjourned the regular meeting at 3:15 p.m., to 9:00 a.m., August 3, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.