County of Inyo

 The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:15 a.m., on Tuesday, August 3, 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, and Ted Williams.  Supervisor Michael Dorame was absent.  Supervisor Butch Hambleton provided the Invocation, and Supervisor Linda Arcularius led the Pledge of Allegiance.

The Chairperson announced the public comment period.  The County Administrator requested that a letter from LeAnne Conus from Tecopa regarding the operations of the Tecopa Hot Springs be entered into the record.  Mr. Mendez provided the Board Members with the letter.  Supervisor Arcularius recognized Dr. Ellen Hardebeck, the recently retired Air Pollution Control Officer of the Great Basin Unified Air Pollution Control District who was in the audience, congratulating her on her retirement and wishing her the best of luck in her future endeavors.  Supervisor Hambleton asked everyone to keep Ms. Pat Hunter a retired County Employee and a long time Independence Library volunteer in their thoughts and prayers, explaining that Ms. Hunter had suffered a stroke recently.  Supervisor Hambleton indicated his desire to correct a misconception which is circulating in the public that when the Department Heads offered to return their 2% COLA during budget hearings, that the Board of Supervisors had not.  Supervisor Hambleton explained that the Board of Supervisors had rescinded their 2% COLA earlier in the year and that their salaries had been rolled back in February.  He also explained that there is a misconception that the Superintendent of Schools, Mr. George Lozito had not returned his 2% either.  Supervisor Hambleton explained that Mr. Lozito was not a County employee, that he had not received the County’s 2% COLA and went on to explain that the Board of Education is the jurisdictional authority for the Superintendent of Schools and they pay Mr. Lozito’s salary. 

The Chairperson announced the County Department Report period.  Sheriff Dan Lucas informed the Board that the rural counties funding for Sheriff’s in the amount of $500,000 per county had been funded in the recently approved State Budget, which was good news for Inyo County.  He explained that the funding had been reinstated only for 2004-2005.  Supervisor Arcularius informed the Board that the SRA fees had been repealed in the approved State Budget. 

The Chairperson recessed open session at 9:20 a.m., to convene in a workshop with Staff regarding the reorganization of the Inyo County Water Department.  The Board reviewed the Staff’s recommendation requesting that the Staff continue to monitor and evaluate Water Department operations and return in October with recommendations for the reorganization.  The County Administrator confirmed that he would be returning on August 17, 2004, as previously directed, with recommendations for a Contract with Mr. Greg James for legal services, after his retirement in January, 2005.  The Chairperson recessed the workshop at 10:40 a.m., to reconvene in open session with all Board Members present, except for Supervisor Dorame.

Parks/Bishop Waste Disposal Contract - South County Campgrounds

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Bishop Waste Disposal for transfer of solid waste from campgrounds located in Independence south, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $9,790, 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, with Supervisor Dorame absent.

Parks/Pahrump Valley Disposal Contract - Tecopa Hot Springs

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Pahrump Valley Disposal for waste bin pick-up service from the Tecopa Hot Springs Park and Campground, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $9,540, 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, with Supervisor Dorame absent.

Parks/Preferred Septic Contract - North County Campgrounds and Parks

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Preferred Septic and Disposal for transfer of solid waste from County campgrounds and parks located north of Independence, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $11,387, 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, with Supervisor Dorame absent.

Parks - Preferred Septic Contract - Vault Pumping

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Preferred Septic and Disposal for pumping of vaults in County campgrounds and parks, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $9,920, 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, with Supervisor Dorame absent.

Integ. Waste/ Bishop Waste Disposal

Contract - Darwin

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Bishop Waste Disposal for the transfer of solid waste from the community of Darwin to the Lone Pine landfill, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $7,865, 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, with Supervisor Dorame absent.

Integ. Waste/ Bishop Waste Disposal Contract Keeler & Olancha

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Contract between the County of Inyo and Bishop Waste Disposal for the transfer of solid waste from the Olancha and Keeler Transfer Stations to the Lone Pine Landfill, for the period of July 1 2004, through June 30, 2005, in an amount not to exceed $27,145, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously, with Supervisor Dorame absent.

Integ. Waste/ Bishop Waste Disposal Contract Chemical Toilet Services

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Bishop Waste Disposal for chemical toilet services at the Big Pine Transfer Station, Bishop-Sunland, Independence and Lone Pine landfills, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $3,360, 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, with Supervisor Dorame absent.

Integ. Waste/ Bishop Waste Disposal Contract Big Pine

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Bishop Waste Disposal for the transfer of solid waste from the Big Pine Transfer Station to the Bishop-Sunland landfill, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $30,000, 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, with Supervisor Dorame absent.

Integ. Waste/ Ridgecrest Sanitation Contract Homewood Canyon

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Ridgecrest Sanitation for the transport of solid waste from Homewood Canyon Transfer Station to the Ridgecrest landfill, for the period of July 1 2004, through June 30, 2005, in an amount not to exceed $7,454, 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, with Supervisor Dorame absent.

Integ. Waste/ Pahrump Valley Disposal Contract Furnace Creek

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Pahrump Valley Disposal, Inc., for waste hauling services in the community of Furnace Creek, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $38,400, 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, with Supervisor Dorame absent.

Integ. Waste/ Pahrump Valley Disposal Contract Tecopa

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Pahrump Valley Disposal, Inc., for waste hauling services in the community of Tecopa, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $23,914, 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, with Supervisor Dorame absent.

Integ. Waste/ Pahrump Valley Disposal Contract Shoshone & Charleston View

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Pahrump Valley Disposal, Inc., for waste hauling services in the communities of Shoshone and Charleston View, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $37,083, 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, with Supervisor Dorame absent.

Integ. Waste/ Pahrump Valley Disposal Contract Death Valley Junction

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Pahrump Valley Disposal, Inc., for waste hauling services in the community of Death Valley Junction, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $1,056, 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, with Supervisor Dorame absent.

Moved by Supervisor Arcularius and seconded by Supervisor Bear to approve the Agreement between the County of Inyo and Adrith Peek for maintenance services at the Homewood Canyon Transfer Station, for the period of July 1, 2004, through June 30, 2005, in an amount not to exceed $2,520, 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, with Supervisor Dorame absent.

Planning/Alcatel Networking

Moved by Supervisor Arcularius and seconded by Supervisor Bear to A) approve the purchase of Alcatel network switching equipment, installation and three year maintenance services from Verizon California, Inc., a CMAS vendor, in an amount not to exceed $14,600; B) accept the proposal from USA Media Group, LLC, for the installation of fiber optic cabling and related network equipment between the County Administrative Center and the County Annex buildings in Independence; and C) authorize the Chairperson to sign the proposals. Motion carried unanimously, with Supervisor Dorame absent.

Water Dept./ LORP EIR/EIS

Mr. Greg James, Water Department Director, reviewed the Staff report and recommendations regarding the LORP EIR/EIS.  He explained that due to some confusion with LADWP on the delivery of the copies to the Board, the copies of the document had been provided to the Board just prior to the beginning of today’s meeting.  Mr. James offered additional information and further clarification on the LORP EIR/EIS issues.  He gave the Board a copy of a letter from the City of Los Angeles Deputy City Attorney, Joseph Brajevich, notifying the County that the City feels that “failure of the Inyo County Board of Supervisors to take action with respect to the certification of the Final EIR/EIS by August 3, 2004, will be an unquestionable violation of the Stipulation and Order.”  Mr. James clarified that while the City may feel it is a violation, there are those that are questioning whether the City has the authority to develop and publish an EIR/EIS without the County of Inyo and the EPA, which were the other parties identified in the settlement that were to jointly produce the EIR/EIS with LADWP.  Mr. James indicated that it was with great reluctance that the Staff was recommending to the Board to defer consideration of the EIR/EIS and LORP until more information is garnered regarding EPA’s disbursement of $5.2-million to cover Inyo County’s share of the LORP.  The Board and Staff discussed the Staff’s recommendation and the LORP in great detail and at length. 

Moved by Supervisor Arcularius and seconded by Supervisor Williams to A) defer consideration of certification of the EIR/EIS that addresses the Lower Owens River Project (LORP) and defer consideration of approval of the LORP and direct Staff to work with the EPA and DWP to  achieve an EIR/EIS that is acceptable to the three agencies, to secure the federal grant funds for the County at the soonest possible time, and to begin construction of the LORP at the soonest possible time, and place a time limit on that discussion of two weeks from today and if at that time we have not had conclusion, have the Water Director bring this back for further consideration.  Motion carried unanimously, with Supervisor Dorame absent.

Ag. Comm./2003 Annual Report

Mr. George Milovich, Agricultural Commissioner, presented the 2003 Annual Crop and Livestock Report, highlighting many of Inyo County’s statistics regarding agricultural and livestock production last year.  Moved by Supervisor Williams and seconded by Supervisor Arcularius to accept the 2003 Annual Crop and Livestock Report as presented.  Motion carried unanimously, with Supervisor Dorame absent.

Resol. #2004-32 Rd. Abandoned in Dixon Lane Area

The Chairperson opened the public hearing at 10:45 a.m., to consider a proposed resolution entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Vacating and Abandoning a County Road Right-of-Way in the Dixon Lane Area Northwest of Bishop.”  Ms. Adena Fansler, Planning Associate, reviewed the Staff Report and recommendations, and asked that the document be accepted into the record.  It was marked Exhibit A.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:47 a.m.

On a motion by Supervisor Arcularius and a second by Supervisor Williams, Resolution No. 2004-32, entitled “A Resolution of the Board of Supervisors of the County of Inyo, State of California, Vacating and Abandoning a County Road Right-of-Way in the Dixon Lane Area Northwest of Bishop” was adopted: motion unanimously passed and adopted, with Supervisor Dorame absent. 

Ord. 1083 Increase in Planning Dept. Fees

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Ordinance 1083, 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” was adopted: motion unanimously passed and adopted, with Supervisor Dorame absent.

Resol. #2004-33/ Building and Safety Fee Increase

The Chairperson opened the public hearing at 10:49 a.m., to consider a proposed resolution increasing the Building and Safety Fee schedule.  Mr. Jeff Jewett, Public Works Director, reviewed the Staff Report and recommendations.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 10:50 a.m.  On a motion by Supervisor Arcularius and a second by Supervisor Bear, Resolution No. 2004-33 was adopted increasing the Building and Safety fees and approving the new fee schedule: motion unanimously passed and adopted, with Supervisor Dorame absent. 

P.W./Town Water Systems New Rate Structure

Mr. Jeff Jewett, Public Works Director, reviewed the Staff Report and recommendations regarding the potential for a new rate structure for the Town Water Systems.  Mr. Jewett and the Board discussed the various alternatives available to the County regarding the operation of the water systems, with Mr. Jewett detailing the state mandates and permitting requirements which are dictating the need to set the rates for the systems at an appropriate level.  The Board concluded their discussions by requesting Staff to schedule Special Meetings in the communities of Lone  Pine and Independence to take public comments on the proposed new rate structure and on the options regarding the operation and maintenance of the systems.  The Board calendared the meetings for 7:00 p.m., Monday, August 16, 2004, at Statham Hall in Lone Pine and for 7:00 p.m., Tuesday, August 24, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence and directed staff to facilitate and agendize these meetings.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:50 p.m., reconvening at 2:30 p.m., with all Board Members present, including Supervisor Dorame who joined the meeting after the break.

Integ. Waste/ Solid Waste Fee Increase

The Chairperson opened the public hearing at 2:30 p.m., to consider a proposed ordinance increasing solid waste fees and implementing the fees should the voters not approve an increase in the Transactions and Use Tax (TUT). Mr. Chuck Hamilton, Deputy County Administrator, reviewed the ordinance in detail and reiterated that the ordinance would take effect only if the voters did not approve the 1/2% TUT increase at the November 2, 2004, General Election.  The Board reiterated that the reason they were considering this ordinance at the present time was to ensure that the voters and the public were fully apprised of the fee amounts in order to make their choice between dump gate fees and increased disposal fees or a 1/2% increase in the sales tax rate.  The Board went on to remind the public that the Board was simply facilitating the choice to be made by the voters.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 2:47 p.m.  Moved by Supervisor Bear and seconded by Supervisor Dorame to waive the first reading of the ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo State of California, Repealing Inyo County Ordinance Numbers 958, 1023 and 1031 and Establishing and Increasing Solid Waste Disposal Fees;” and schedule the enactment for 10:05 a.m., Tuesday, August, 10, 2004, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Ord. 1084/TOT Increase Ballot Measure

The County Administrator briefly reviewed the ordinance to increase the Transient Occupancy Tax (TOT), reiterating the following:

Mr. Mendez clarified that this ordinance will only take effect if the voters don’t approve the rate increase at the November 2, 2004, General Election. 

On a motion by Supervisor Arcularius and a second by Supervisor Dorame, Ordinance 1084 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” was adopted;  after confusion on the vote was clarified, the motion was unanimously passed and adopted.

Resol. 2004-34/ TOT Election Consolidation

On a motion by Supervisor Arcularius and a second by Supervisor Dorame, Resolution No. 2004-34 entitled “A Resolution of the Inyo County Board of Supervisors, calling 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 2, 2004” was adopted: motion unanimously passed and adopted.

Ord. 1085/TUT Rate Increase Ballot Measure

The County Administrator reviewed the ordinance to increase the Transactions and Use Tax (TUT) reiterating the following:

Mr. Mendez went on to clarify that because of the voters previous allocation of the TUT to the City  of Bishop, they will also receive a portion of the revenue generated from this increase to assist them in providing public safety and local programs and services.

On a motion by Supervisor Williams and a second by Supervisor Bear, Ordinance 1085 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” was adopted: motion unanimously passed and adopted.  

Resol. 2004-35/ TUT Election Consolidation

Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors meetings of July 13, 2004, and July 20, 2004.  Motion carried unanimously.

Moved by Supervisor Bear and seconded by Supervisor Arcularius to approve the consolidation of the election of directors for the Northern Inyo Hospital District with the statewide General Election to be held on November 2, 2004.  Motion carried unanimously.

Board Members and Staff Reports

The Chairperson recessed open session at 3:30 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No.  32.  PENDING LITIGATION (Pursuant to Government Code Section 54956.9(a) - CONFERENCE WITH LEGAL COUNSEL EXISTING LITICATION  - Perkins and Safeco v. County of inyo Claim No. 24-05: No. 33. 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 No. 34.  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.