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 March 7 , 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 Cervantes led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period. Supervisor Cervantes announced that a Lone Pine Student, Michael Bunn, would be representing Inyo County at the State Geography Bee for the second time. The Board congratulated Michael and wished him the best of luck in the upcoming competition. Supervisor Cervantes went on to announce that the early opener was a success.

County Dept. Reports.

The Chairperson announced the County Department Report period. Mr. Kevin Carunchio, Deputy County Administrator, informed the Board that the Big Pine Library would be moving to its new location at the school and should be opened for use in the next few weeks.

HHS Workshop

The Chairperson recessed open session at 9:05 a.m., to convene in a workshop with Health and Human Services Staff on Child Welfare Improvement projects. The Chairperson recessed the workshop at 9:30 a.m., to immediately convene in a second workshop with Health and Human Services Staff on the Mental Health Services Act Plan.

Recess/

Reconvene

The Chairperson recessed the workshop and the regular meeting at 10:20 a.m., to reconvene in open session at 10:30 a.m., with all Board Members present.

CAO-Budget/ Mid-Year Budget

The County Administrator, the Deputy County Administrator and the Auditor-Controller presented and reviewed the mid-year financial report in detail and at length. Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) accept the FY2005/2006 mid-year financial report as presented; and B) approve the specific budget action items and recommendations discussed in the report, and represented in Attachments A & B. Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:15 p.m., to reconvene in open session at 1:15 p.m., with all Board Members present.

BofS/TOT Law Enforcement Support Tax.

The Board considered the ordinance to increase the County’s TOT by 3% to fund law enforcement activities in the County. Mr. Wayne Carpenter of the Bishop Chamber of Commerce and Ms. Kathleen New of the Lone Pine Chamber of Commerce, addressed the Board to request that this ordinance be reconsidered, that it be postponed until the November 2006 election and that the funding not be earmarked for law enforcement but that it be placed before the voters as a general tax. Mr. Carpenter and Ms. New explained that there were issues with the amount of time available to garner support of the measure as well as problems with the reference to “supplant” in the ordinance. Ms. New informed the Board that the Lone Pine Chamber had voted to not support the measure in its present form. The Board, Staff and members of the audience discussed the suggestions by Mr. Carpenter and Ms. New in detail. County Counsel explained the criteria for placing general and special tax measures before the voters, citing the California State Constitution, which requires that a general-purpose tax be placed before the voters in an election where a seat of the governing body is also up for election. Mr. Bruce explained that there are two Board of Supervisors seats up for election in June, with the next election where Board of Supervisors seats are scheduled to be up for election being in 2008. The Board discussed the measure in detail, with several Board Members supporting the funding being earmarked for law enforcement. The County Administrator noted that 60% of the jail population in Inyo County are not residents. He explained that TOT is paid by the visitors to the area who stay in the local hotels and motels which means that those who are impacting the services will help to pay for law enforcement rather than keeping the entire burden on the local tax payers.

The Board and Staff also discussed the need to hold public meetings to provide the facts regarding this ballot measure and to respond to questions from the public. The Board scheduled two public meetings as follows: March 22, 2006, at 7:00 p.m., at Statham Hall in Lone Pine and April 5, 2006, at 7:00 p.m., in the Bishop City Council Chambers.

Ord. 1110/TOT Law Enforcement Support Ordinance

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to determine that the enactment of the Transient Occupancy Law Enforcement Support Tax Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) under CEQA Guidelines 15378(b)(4) and Public Resources Code 21065. Motion carried unanimously.

On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Ordinance 1110 entitled “An Ordinance of the County of Inyo, State of California Adding Section 3.202.200 to the Inyo County Code, to Impose an Additional Transient Occupancy Tax at the Rate of Three Percent (3%) for the Purpose of Funding Law Enforcement Services Provided by the County of Inyo,” was adopted: motion unanimously passed and adopted.

Resol. 2006-14/ TOT Consolidated Election

On a motion by Supervisor Bilyeu and a second by Supervisor Arcularius, Resolution No. 2006-14 entitled “A Resolution of the Inyo County Board of Supervisors, Calling a Special Election to Submit the ‘Transient Occupancy Law Enforcement Support Tax’ to the Voters of Inyo County for Their Approval, and Ordering that the Special Election be Consolidated with the Statewide Primary Election to be Held on June 6, 2006, ” was adopted: motion unanimously passed and adopted. At the conclusion of the discussion, Supervisor Cervantes briefly left the meeting.

Sheriff/Records Clerk Position

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to waive the hiring freeze and authorize the recruitment and filling of one Records Clerk position at Range 51 ($2,298 - $2,788). Motion carried unanimously, with Supervisor Cervantes absent.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 2:45 p.m., to reconvene at 2:55 p.m., with all Board Members present.

Transit Prgm./Rte. Statistical Info.

Ms. Monika Watterson, Transit Program Director, reviewed the report on the Transit Program’s tabulation of route statistical information for the period of July 1, 2004 through June 30, 2005.

Library/LSTA Grant

The Deputy County Administrator, Mr. Kevin Carunchio, provided additional information and further clarification on the request to accept grant funds to automate the County Library. The Board and Staff discussed the staff challenges associated with a project of this size as well as the matching requirements. Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to A) accept the Library Services and Technology Act (LSTA) Grant funds in the amount of $55,000 for purposes of acquiring and installing an Online Public Access Catalog system to automate the County Library; B) authorize the County Administrator or his designee to execute the LSTA Grant Award Certification, Financial Claim forms, and other documentation associated with accepting and administering the grant; and C) amend the FY 2005-06 Inyo County Free Library Budget Unit #066700 by increasing estimated revenue in State Grants (Revenue Code #4498 ) by $55,000 and increase appropriations in Professional and Special Services (Object Code #5265) by $55,000. Motion carried unanimously.

BofS/Minute Approval

The Assistant Clerk requested that the minutes of the February 14, 2006 meeting be amended to change the phrase “information being provided” in the second to the last line in the second paragraph on page two be changed to “project being proposed” and that the minutes of the February 21, 2006 meeting be amended to add the word “to” to the last sentence in the third paragraph on page one and the correct spelling of “Christensen” be corrected in the first sentence of the fourth paragraph on page two. Moved by Supervisor Williams and seconded by Supervisor Bilyeu to approve the minutes of the Board of Supervisors Meetings of A) February 14, 2006 as amended and B) February 21, 2006 as amended. Motion carried unanimously.

Board Members and Staff Reports

The County Administrator announced that he expects to present a workshop on the 75 acres sometime in the next couple of weeks. He informed the Board that the LAFCO process for Lone Pine Fire Department to annex the Walters Project property has been completed and will move forward as appropriate once the lawsuit is settled. Supervisor Arcularius reported on the resolution for transportation of veterans to the hospital in Reno, explaining that the voucher system, which has been established with the Transit Program for the Crest Route is only a short-term solution. Supervisor Bilyeu reported on the new water purification business in Independence, as well as Big Pine Fire Department and Big Pine Cemetery meetings he had attended.

Closed Session

The Chairperson recessed open session at 4:00 p.m., to convene in closed session with all Board Members present to discuss Agenda Items No. 11. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code § 54956.9(a)] - Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Powers, Inyo County Superior Court Case No. SICVCV01-29768 (1); and No. 12. PERSONNEL [Pursuant to Government Code § 54957] – Public Employee Performance Evaluation, Title: Director of Water Department.

Report on Closed Session

The Chairperson recessed closed session at 6:00 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 6:00 p.m., to 9:00 a.m., March 14, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.