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, March 14, 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 Cervantes provided the Invocation, and Supervisor Cash led the Pledge of Allegiance.

Public Comment

The Chairperson announced the public comment period.   Mr. Wayne Carpenter, Bishop Resident, informed the Board that he was no longer affiliated with the Bishop Chamber of Commerce, expressed his appreciation in working with the Board and offered his assistance to the County in the future.    Supervisor Bilyeu requested that today’s meeting be adjourned in memory of Mr. Jack Bracken a long-time Independence Resident, who recently passed away.

County Dept. Reports

The Chairperson announced the County Department Report period.   Ms. Jean Dickinson, Director of Health and Human Services, informed the Board that she had received a resignation from the County Health Officer, Dr. Richards.   She expressed her thanks to Dr. Richards for his service.   She went on to report on a Welfare Director’s Meeting she had attended.   Ms. Dickinson also noted that there is a local Medicare fraud scheme working in the area, with Supervisor Cash noting that seniors needing help on Medicare issues should contact the IMAAA office.   Mr. Ron Chegwidden updated the Board on the Darwin CDBG Project.   The Agricultural Commissioner updated the Board on the Agricultural Commissioner’s Conference he had attended as well as upcoming legislative actions, which could impact the County.  

Water Dept./ Gr. Book Update

Mr. Tom Brooks, Water Director, presented a Progress Report on the preparation of revisions to the Long Term Water Agreement technical attachment titled “Green Book.”

CAO-Purchasing/ Satellite Phone P.O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to declare ComTech Communications a sole-source provider of GlobalStar satellite phones and approve the purchase of three GlobalStar hand-held trimode GST-1600 satellite phones with pre-paid service from ComTech Communications in an amount not to exceed $3,147 plus tax and shipping.   Motion carried unanimously.

CAO-Purchasing/ Hand Held Radio P. O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to declare Motorola a sole-source provider of XTS1500 VHF hand-held radio systems and approve the purchase of fifteen XTS1500 hand-held radio systems with required accessories from Motorola in an amount not to exceed $17,919.15 plus tax and shipping.   Motion carried unanimously.

Integ. Waste./ Tub Assembly

P. O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) approve the purchase of an Inner Tub Base Assembly Floor for the Integrated Waste Management Tub Grinder from Jones Manufacturing Co., of Beemer, Nebraska in an amount not to exceed $8,081.75, including tax; and B) authorize Integrated Waste Management personnel to travel out of state to pick up and transport the tub assembly to Bishop.   Motion carried unanimously.

Resol. #2006-15/ Appropriation Limits

On a motion by Supervisor Williams and a second by Supervisor Arcularius, Resolution No. 2006-15 was adopted, accepting the calculations of the appropriation limitation for the County of Inyo for Fiscal Year 2005-06: m otion unanimously passed and adopted.

Sheriff/Body Armor P. O.

Moved by Supervisor Williams and seconded by Supervisor Arcularius to declare Adamson Industries a sole-source provider of body armor and authorize the purchase of 7 Second Chance Monarch Summit Level II replacement and first issue vests from Adamson Industries in an amount not to exceed $5,091.17 including tax and shipping.   Motion carried unanimously.

Motor Pool/CPS Vehicle Repair

Mr. Chuck Hamilton, Deputy County Administrator, responded to questions from the Board, explaining that the Child Protective Services vehicle identified had been assessed and it had been determined that it was more cost effective to repair the vehicle than to replace it.   Moved by Supervisor Bilyeu and seconded by Supervisor Williams to authorize the repair of one Child Protective Services sedan and approve a purchase order to Jim Allen’s Auto-Matics in the amount of $2,397.54 for the repair.   Motion carried unanimously.

Sheriff/Booking Station P.O. and Budget Amendment

Moved by Supervisor Bilyeu and seconded by Supervisor Cervantes to A) amend the January 3, 2006 Board Order authorizing the purchase of TouchPrintTM 3800 Live Scan Booking Station and full-hand scanning from Identix increasing the amount to include $2,852 for sales tax; and B) amend the FY 2005-06 Veteran Service Office Budget Unit 056600, by increasing appropriations in Other Equipment >$5000 (Object Code #5670 ) by $753 and decreasing appropriations in Office & Other Equipment <$5,000 (Object Code #5232) by $753.   Motion carried unanimously.

Recess/
Reconvene

The Chairperson recessed the regular meeting at 9:50 a.m., to reconvene at 10:00 a.m., with all Board Members present.

Integ. Waste/Ord. Solid Waste Hauling Permit Duration

The Chairperson opened the public hearing at 10:00 a.m., on a proposed ordinance entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Increasing the Length of Solid Waste Collection and Transportation Permits and Defining the Term “Director.”   Mr. Chuck Hamilton, Deputy County Administrator, reviewed the Staff Report and recommendations.   There was no one wishing to comment on this item.   The Chairperson closed the public hearing at 10:05 a.m.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to waive the first reading of the ordinance and schedule the enactment for 10:00 a.m., March 21, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.   Motion carried unanimously.

Planning-Yucca Mtn./USGS Payment

Moved by Supervisor Cervantes and seconded by Supervisor Bilyeu to A) authorize the payment of USGS Bill No. 5-8929-237001 for science data received supporting Inyo County’s hydrological research in an amount not to exceed $30,083; and B) amend the FY 2005-06 Yucca Mountain Oversight Budget 620605 by increasing appropriations in Professional Services (Object Code #5265) by $30,083 and decreasing Contingencies (Object Code #5901) by $30,083.   Motion carried unanimously.

Planning-Yucca Mt./2 nd Rev. to Workplan

Moved by Supervisor Cervantes and seconded by Supervisor Williams to ratify and approve the second revision of the Inyo County FY2005 Workplan and budget submitted to the U.S. Department of Energy with changes in language showing nexus as requested by Department of Energy for funding received for FY2005.   Motion carried unanimously.

Planning-Yucca Mt./DOE Research Grant Application

In response to a question from Supervisor Arcularius, the County Administrator confirmed that the Board is not only authorizing the submittal of the application, but also accepting the Grant if it is awarded.   Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to A) approve the submittal of an application to the U.S. Department of Energy (DOE) requesting that Inyo County receive and administer a research grant, in the amount of $850,000 a year for five years, to conduct ground water research and monitoring in the southeast portion of the County in support of ongoing multi-agency regional ground water research and monitoring as it relates to the proposed Yucca Mountain Nuclear Waste Repository; and B) accept the grant if awarded and authorize the County Administrator to sign all appropriate grant agreement documentation.    Motion carried unanimously.

Planning-Yucca Mt./Modification to USGS Joint Funding Agreement

Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to approve Modification No. 1 to the Joint Funding Agreement between the County of Inyo and the U. S. Geological Survey for hydrologic support services in the Death Valley region as part of the Yucca Mountain Oversight Program, extending the term of the Agreement to include the period of July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign.   Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:30 a.m., to reconvene at 10:35 a.m., with all Board Members present.

Planning/Morgan Appeal of Planning Comm. Decision to Allow Vacation Rentals in R1 Zones

The Chairperson opened the public hearing at 10:37 a.m., to consider the appeal by Patricia Morgan of the January 25, 2006 Planning Commission decision to “uphold the appeal of the Cease and Desist Order; lift the Cease and Desist Order; direct staff to draft language to amend the Zoning Ordinance by adding a definition of short-term, transient, and vacation rental; and, direct staff to draft language to amend the Zoning Ordinance by adding short-term, transient, and vacation rentals as a conditional use in all residential zones.”   Ms. Jan Larson, Senior Planner, reviewed the Staff Report and recommendations.   At the conclusion of her remarks, Ms. Larson requested that the Staff Report and all attachments be enter into the record, and they were marked Exhibit A.   Ms. Larsen then submitted copies of additional correspondence regarding this matter, which had been received by the Planning Department, the packet was marked Exhibit B.  

The Clerk requested that correspondence received by the Board of Supervisors be entered into the record and the packet was marked Exhibit C.   The Clerk then requested that additional correspondence, which had been received by the Board after Exhibit C had been prepared be entered, and the packet was marked Exhibit D.   Supervisor   Arcularius requested that a letter she had received via email from Richard Perrine be entered and it was marked Exhibit E.   Supervisor Williams requested that a letter he had received from Robert and Barbara Webster be entered, and it was marked Exhibit F. Supervisor Bilyeu submitted additional correspondence received by him and requested it be entered and the packet was marked Exhibit G.  

The Board reviewed the process and intent of a de novo hearing.   The Chairperson recessed the public hearing at 10:50 a.m., to provide the Board Members the opportunity to review the exhibits, which had been submitted thus far.   The Chairperson reconvened the public hearing at 11:25 a.m., with all Board Members present.   Supervisor Cervantes addressed the Board to clarify that he owns rental property in Orange County and Los Angeles and currently manages a rental property within the County.   He went on to say that the property he manages is not vacation rental property and that he does not feel he has a conflict and can make a fair and impartial decision based on the information presented.  

Ms. Patricia Morgan, Appellant, addressed the Board to support her appeal.   Mr. Mike Johnston addressed the Board to oppose the appeal on behalf of himself and Dr. Gerstein.   Mr. Johnston submitted a copy of the outline of his discussion with the Board and it was marked Exhibit H.   At the conclusion of Mr. Johnston’s remarks, the Appellant, Ms. Morgan requested that her written statement, which she read during her presentation be entered and it was marked Exhibit I.   Mr. Johnston then requested that information concerning the rental properties in question and copies of photographs of homes in the Aspendell area be entered and the packet was marked Exhibit J.   Mr. Johnston then requested that a map of the Aspendell subdivision marked to denote those properties that that he felt were supporting and/or opposing this action be entered and it was marked      Exhibit K.  

The Chairperson recessed the public hearing at 1:00 p.m., to reconvene at 2:00 p.m., with all Board Members present.   The following members of the public addressed the Board to either support or oppose the appeal as noted:   Mr. Robert Caddoo in support, Mr. John Olson in support, Ms. Beverly Alser in support, Mr. Ted Waterhouse in opposition, Ms. Fran Mason in opposition, who submitted written comments which were marked Exhibit L along with additional information which was Marked Exhibit M, Mr. Lorin Soderwall in support, Mr. James Alser in support, Mr. Howard Josephson in support, Mr. Gary Olson in support, Ms. DeEtte Johnston in opposition, Mr. David Tanksley in support who submitted information regarding a Carmel court case pertaining to vacation rentals, which was marked Exhibit N, and Mr. Dave Mason read a written statement into the record on behalf of Mr. Bruce Burnworth in opposition, which was marked Exhibit O.   The Chairperson recessed the public hearing at 2:35 p.m., to reconvene at 3:00 p.m., with all Board Members present.   The Chairperson closed the public hearing at 3:00 p.m.

The Board Members deliberated the item before them.   The discussions included the following: (a) allowing commercial use in residential areas; (b) residential zones being inappropriate for commercial uses; (c) the numbers of people in the communities who don’t want commercial zones in their residential areas; and (d) the possibility of placing the question of vacation rentals in R1 zones to a vote of the community.   There was a motion by Supervisor Arcularius and a second by Supervisor Williams to grant the appeal, which was withdrawn after a brief discussion with County Counsel regarding the actions needed to grant the appeal.

Moved by Supervisor Arcularius and seconded by Supervisor Williams to find that one family residential zone districts (R1) does not allow for short-term, transient accommodation uses as a primary permitted use, a conditional use or accessory use; therefore, short-term transient accommodation uses in an R1 one family residence zone is in violation of the R1 One Family Residence Zone District as set forth in Inyo County Zoning Code Section 18.30. Motion carried unanimously.

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to grant the appeal by Mrs. Patricia Morgan of the Planning Commission decision as noted in the Staff Report.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to direct that all advertising of short-term and vacation rentals in the County cease immediately.   Motion carried unanimously.

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to direct that all short-term and vacation rentals in Inyo County cease as of April 15, 2006.   Motion carried unanimously.

Motor Pool/Fleet   P.O.

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to A) award the bid to Eastern Sierra Motors as the low bidder for the purchase of the following vehicles: (5) full size 4-door sedans (Police package) in an amount not to exceed $113,029.75; (4) 5-passenger 4wd utility vehicles, 4 door, in an amount not to exceed $87,182.68; (1) full size 4wd utility vehicle in an amount not to exceed $30,343.43; (3) one-half ton regular cab 4wd pickups in an amount not to exceed $70,572.75; and (1) three-quarter ton extra cab 4wd short bed pickup in an amount not to exceed $26,583.61; and B) award a bid to Rotolo Chevrolet as the low bidder for the purchase of (1) 4wd extra cab compact pickup in an amount not to exceed $18,349.82.   Motion carried unanimously.

CAO-Info Serv./ Info Tech Position

Moved by Supervisor Williams and seconded by Supervisor Bilyeu to A) change authorized strength by deleting one Information Technician II position at Range 56 ($2,518 - $3,136) and adding one Information Services Analyst IV position at Range 76 ($4,131 - $5,023); and B) waive the hiring freeze and authorize the recruitment and hiring of one Information Services Analyst IV position at Range 76, contingent upon the Auditor’s signature on the Agenda Request Form.   Motion carried unanimously.

CAO-Info Serv./ Network Project Contract

Mr. Brandon Shults, Information Services Director, explained that the bidder, AMI, has protested the bid for the Network Project because of issues with the licensing of the recommended vendor.   He explained that the State has been contacted and they have confirmed that Power Engineers, Inc. is appropriately licensed.   Mr. Larry Aguirre of AMI addressed the Board to officially protest the award of the bid on the basis that Powers Engineers, Inc. does not have the correct license that is required and to request that they be disqualified from consideration.   Moved by Supervisor Williams and seconded by Supervisor Arcularius to A) award the Contract for the County of Inyo Network Project to Power Engineers, Inc., in an amount not to exceed $199,785.82, contingent upon receipt of vendor licensing verification from the State; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained; and B) authorize the County Administrator 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.

Fish and Game/ AB-7 Legislation Funding for Hatcheries

The Board and Staff discussed the status of AB-7.   It was determined that the Fish and Game Budget is scheduled to be considered by the Assembly Budget Committee on April 5 and 24, 2006.   The Board directed that this item be returned after the 24 th in order to receive an update on the status of AB-7 – Dedication of Fish and Game Preservation Fund Monies for Hatcheries and Native Trout, at that time.

CAO/

Transient Occupancy Law Enforcement Support Tax

The Board and Staff discussed the request to consider arguments in favor of the Transient Occupancy Law Enforcement Tax, including the one that has been sumbitted by the District Attorney, Sheriff and Chief Probation Officer, as well as the draft prepared by the County Administrator for the Board’s submittal.   Moved by Supervisor Arcularius and seconded by Supervisor Williams that the argument in favor of the Transient Occupancy Law Enforcement Support Tax authored by the Inyo County District Attorney, Inyo County Sheriff and Inyo County Chief Probation Officer is selected by the Inyo County Board of Supervisors as the argument in favor of this measure to appear on the ballot for June 6, 2006.   Motion carried unanimously.

Resol. #2006-16/ Emergency Mang. Performance Grant

Staff provided the Board with a copy of the proposed Resolution for the Emergency management Performance Grant.   The County Administrator confirmed that the Resolution has been approved by County Counsel.   Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to authorize the submittal of a grant application for FY 2006 Emergency Management Performance Grant Program.   Motion carried unanimously.   On a motion by Supervisor Arcularius and a second by Supervisor Cervantes, Resolution #2006-16 was adopted supporting the application to obtain federal financial assistance provided by the Federal Department of Homeland Security and subgranted through the State of California: motion unanimously passed and adopted.

Closed Session.  

The Chairperson recessed open session at 4:30 p.m., to convene in closed session, with all Board Members present, to consider Agenda Item No. 23.   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).

Report on Closed Session

The Chairperson recessed closed session at 4:40 p.m., to convene in open session to receive a report on closed session.   County Counsel reported that there were no items discussed in closed session, which were required by law to be reported on in open session.

Adjourned

The Chairperson adjourned the regular meeting at 4:40 p.m., in memory of Mr. Jack Bracken a long time Independence Resident who recently passed away, to 9:00 a.m., March 28, 2006, in the Board of Supervisors Room, at the County Administrative Center, in Independence.