Board Minutes - July 02, 2002

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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 9:20 a.m., on Tuesday, July 2, 2002, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Linda Arcularius presiding, Julie Bear, Ervin Lent, Carroll M. Hambleton, Jr., and Michael Dorame   Supervisor Dorame provided the Invocation, and Supervisor Bear led the Pledge of Allegiance.

 

 

Public Comment

The Chairperson announced the public comment period.  Mr. George Milovich addressed the Board.  He notified the Board that colonies of “africanized bees” have been identified in the southern end of Inyo County.  He informed the Board that he will be distributing educational materials on these bees to help inform the public.   Mr. Bob Hurd, Director of Environmental Health, updated the Board on the “Birch Fire” which began yesterday, July 1, 2002, just north of the Inyo County/Mono County border near the community of Swall Meadows.  

 

Post Agenda/ Urgency Ordinance - Fireworks

The County Administrator introduced a request for the Board to consider a Post Agenda Item to discuss a proposed ordinance banning the sale and use of fireworks in the unincorporated areas of Inyo County.  Mr. Mendez explained that late Monday as a result of the Birch fire, the continued fire risk due to extreme dry conditions and no expected change in the weather pattern, and because of the upcoming 4th of July Holiday where personal fireworks are discharged, he had  made the decision to bring the ordinance forward for consideration.  He explained that the Fire Chief’s of the local Fire Districts supported this request .  He also indicated that he understood that the sale of fireworks is the major fund raising event for several organizations and churches and that in an effort to give the public as much notice as possible he had visited the “fireworks booths,” and talked with representatives of the organizations who owned the booths, as well as issuing press releases to the local media.  Mr. Mendez explained that because of the danger that fireworks pose to the health and safety of the public, as a result of the current conditions in Inyo, he felt the test of the findings for a consideration of a post agenda had been met.  County Counsel concurred with the County Administrator and reiterated the findings as defined in the ordinance.  Moved by Supervisor Bear and seconded by Supervisor Lent to find that the need to consider a request to adopt an urgency ordinance banning the sale and discharge of fireworks in the unincorporated areas of Inyo County arose after the Agenda for the July 2, 2002, Board of Supervisors Meeting was posted and there is a need for the Board to take action on this ordinance prior to the next regularly scheduled meeting, and therefore this item is added as Agenda Item No. 9A.  Motion carried unanimously.

 

Introduction

The Farm Advisor, Mr. Rick Delmas, introduced Mr. Brad Chinehens, University of California Cooperative Extension Program Community and Rural Economic Development Advisor for Inyo and Mono Counties, to the Board.

 

Ord. 1053/Control of Fireworks in Inyo County

The County Administrator reviewed the proposed ordinance banning sale and regulating the discharge of fireworks in the unincorporated area of Inyo County.  He reiterated the reasons for bringing this item forward as an urgency ordinance.  He explained that because of the current extremely dry conditions, the fact that the weather pattern is not due to change which means no rain and dry thunder storms increasing the likelihood of lightening strike fires, the fact that the County has only received 50% of average precipitation, and the increased risk of fire as a result of the conditions as the reasons for requesting the Board consider banning personal fireworks in the County.  He explained that the City of Bishop, as the only incorporated city, would be exempt from this ordinance and have the ability to enact their own ordinance.  Mr. Bruce provided clarification on the various aspects of an urgency ordinance, explaining that an urgency ordinance remains in place until the Board takes action to repeal or change it.  He also explained the Board’s authority under Health and Safety Code Section 12541, to control fireworks.  Mr. Mendez and Mr. Bruce explained that the County’s ordinance would take priority and the local fire districts could not adopt less stringent regulations, they could only adopt like or stronger restrictions.   Mr. Mendez reviewed the alternatives identified in the staff report which included (a) not adopting the ordinance; (b) modifying the ordinance to expand the areas where personal fireworks may be discharged, (c) only prohibit the private use of fireworks outside of control areas without banning the sale, and/or (d) mitigate the loss of revenue sustained by the organizations as a result of the enactment of the ordinance.  Messrs. Paul Payne and Richard Cervantes representing the Lone Pine Lions Club addressed the Board to oppose the ordinance, explaining that the “sale of fireworks” is the Club’s major fund raiser for the year and the loss of the revenue generated by the sales might result in bankruptcy for the Club.  The Board, Mr. Payne and Mr. Cervantes discussed various alternatives to banning the sale, with Mr. Payne explaining that using personal fireworks on the 4th of July is a local tradition which he enjoys with his family and with Mr. Cervantes questioning the Board on taking away a personal “right.”  Reverend Sperry addressed the Board to also oppose the ordinance and expressed his concern with his Church losing the revenue from the sales of fireworks which is used to fund their “youth” activities.  Reverend Sperry also indicated that he had spoken with the Fireworks Supplier in Fresno and asked for clarification, on behalf of the supplier, on the Board’s ability to address this item without the appropriate notification.  County Counsel reviewed the process whereby the County can consider post agenda items; confirmed the Board’s findings for placing this on the Agenda as a post agenda item; and concurring that the action requires a 4/5’s vote of the Board of Supervisors for adoption of the urgency ordinance.  Mr. Leroy Kritz, Lone Pine Fire Chief , addressed the Board to support the designation of “safe zones” in the various fire districts where the discharge of personal fireworks could be controlled.   Mr. Rich White, Independence Volunteer Fire Department, expressed his concern with only having two designated “safe zones” one at the Bishop Airport and one at the Independence Airport, explaining that the Independence Airport did not have sufficient parking to accommodate a greater number of people than is normal for their Annual Fireworks Display, should the people in Lone Pine be required to come to Independence to “set off” their personal fireworks.  The Board, Staff and Members of the audience continued to debate and discuss the proposed ordinance and potential ramifications and alternatives, at length and in detail.  The Board Members acknowledged their concerns regarding the need for public input on an item of this urgency and an action with such immediate impact.  Sheriff Dan Lucas addressed the Board to recount situations where he and the Undersheriff Jack Goodrich, had during their patrol days, confiscated copious amounts of illegal fireworks and to indicate his willingness to support enforcement of the ordinance should it be enacted.  The Board discussed their willingness to enact the urgency ordinance to address the immediate concerns, with the expectation that in the near future a permanent ordinance would be brought back.

 

The Chairperson polled the Board and the consensus of the Board was support for the urgency ordinance with a modification incorporating alternatives (b) and (c), which would allow the sales of fireworks to continue while controlling the location to discharge through the establishment of “safe zones” to be designated by the Fire Chiefs of the individual Fire Districts.  Additionally the Board requested that the ordinance be changed to add a “sunset clause.” The Board and Staff discussed possible dates with the County Administrator suggesting October 31, 2002 as the expiration date.  The Board agreed and directed Staff to include the October 31, 2002, date in a new “sunset clause.”

 

Recess/

Reconvene

The Chairperson recessed open session at 11:35 a.m., to allow Staff to make the changes to the ordinance, reconvening at 11:55 a.m., with all Board Members present.  The Chairperson announced that the Board would consider the remainder of the Agenda items while waiting for Staff to return with the revised urgency ordinance on the control of fireworks.

 

CAO-Info Serv.- Sheriff/Hercules Technologies Contract

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the Contract between the County of Inyo and Hercules Technologies for the provision of Information Technology services for the period of July 1, 2002, through June 30, 2003, in an amount not to exceed $125,000, contingent upon the Board’s adoption of a FY 2002/2003 Budget; and authorize the Chairperson to sign contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

E. Health/Mosq. Abatement Chemicals P.O.

Moved by Supervisor Hambleton and seconded by Supervisor Lent to declare Fennimore Chemicals, Inc., as the sole-source provider for certain mosquito abatement chemicals and supplies for FY 2002/2003 and approve the blanket purchase of mosquito abatement chemicals and supplies from Fennimore Chemicals as recommended by Staff in an amount not to exceed $19,033.23.  Motion carried unanimously.

 

E. Health/Water Testing Lab Supplies

Moved by Supervisor Hambleton and seconded by Supervisor Lent to declare IDEXX Laboratories, Inc., as the sole-source provider of certain water testing laboratory supplies for FY 2002/2003 and approve the blanket purchase of water testing supplies from IDEXX Laboratories as recommended by Staff in an amount not to exceed $21,500.  Motion carried unanimously.

  

H&H-HIV/Ryan White Contract

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve Amendment No. 1 to the Contract between the County of Inyo and the Department of Health Services, AIDS Consortium-Ryan White CARES Program, increasing the grant by $1,000 for FY 2002/03 to a total amount of $126,031 for the period of April 1, 2001, through March 31, 2004; and authorize the Chairperson to sign.  Motion carried unanimously.

 

P.W./Sierra Security Systems

Contract

Moved by Supervisor Hambleton and seconded by Supervisor Lent to approve the Contract between the County of Inyo and Sierra Security Systems of Bishop to provide monthly monitoring and maintenance as designated for the County’s established security monitoring systems for the period of July 1, 2002, through June 30, 2005, in an amount not to exceed $11,493, contingent upon the Board’s adoption of a FY 2002/2003 Budget and future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously.

 

H&H-EMS/Emer-

gency Medical Services Trust Award Contracts

Moved by Supervisor Lent and seconded by Supervisor Dorame to approve the funding of the following projects and amounts from the Emergency Medical Services Trust Fund as requested by local emergency medical services providers, and  approve the Contracts between the County of Inyo and the entities for these awards and authorize the Health and Human Services Director to sign the Contracts on behalf of the County, contingent upon the appropriate signatures being obtained: A) $17,197 to Big Pine Volunteer Fire Department for the purchase of an air compressor; B) $13,799 to the Lone Pine Volunteer Fire Department for the purchase of AED equipment and pagers; and C) $10,000 to the Southern Inyo Fire Protection District for the construction of shaded shelter for ambulances.  Motion carried unanimously.

 

Planning/Resc. Mangm. Update

The Planning Director, Mr. Chuck Thistlethwaite, and the Resource Management Coordinator, Ms. Andrea Clark, reviewed the Staff’s Status Report on pertinent Resource Management issues, highlighting the changes and additions.  Moved by Supervisor Dorame and seconded by Supervisor Hambleton to approve the Resource Management Coordinator Workplan as presented.  Motion carried unanimously.

 

Ord. 1053/Control of Fireworks in Inyo County

County Counsel presented the Board with an amended proposed ordinance to control the sale, use and discharge of fireworks in the unincorporated areas of Inyo County.  The County Administrator and County Counsel identified the areas of the ordinance which had been changed to reflect the Board’s direction, confirming that the “safe zones” have been established, that the sale of fireworks is still allowed and that the ordinance will expire at midnight on October 31, 2002.  The Board and Staff discussed the notification process to get the news out to the public on this ordinance.  Mr. Mendez indicated that he would immediately upon adoption begin the media and public notice “blitz” to get the information out.  Mr. Mendez also indicated that he would bring back for the Board’s consideration prior to the expiration date, another ordinance concerning the sale and discharge of fireworks in Inyo County, which will hopefully mitigate and address the concerns identified during today’s discussions.  On a motion by Supervisor Bear and seconded by Supervisor Hambleton, Ordinance 1053 entitled “An Urgency Ordinance of the Board of Supervisors, of the County of Inyo, State of California, Regulating the Use and Discharge, of Fireworks, including Safe and Sane Fireworks, and the Public Display of Fireworks, within the Unincorporated Area of the County” was adopted:  motion unanimously passed and adopted.

 

District/No. Inyo Hospital Election Consolidation

Moved by Supervisor Hambleton and seconded by Supervisor Lent to authorize the consolidation of the Northern Inyo County Local Hospital District’s Election with the General Election scheduled for November 5, 2002.  Motion carried unanimously.

 

Org./Millpond Closure for Festival

Moved by Supervisor Lent and seconded by Supervisor Dorame to authorize the Millpond Recreation Area to be closed to the public from 6:00 a.m., Friday, September 20, 2002, through midnight, Sunday, September 22, 2002, for the Millpond Music Festival.  Motion carried unanimously.

 

District/So. Inyo Hospital Election Consolidation

Moved by Supervisor Dorame and seconded by Supervisor Hambleton to authorize the consolidation of the Southern Inyo Health Care District’s Election with the General Election scheduled for November 5, 2002.  Motion carried unanimously.

 

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week and discussed their impending schedules, including the PILT fly-in, which Supervisors Arcularius and Bear participated in, the most recent CSAC Budget Update Bulletin, the NACo Sovereignty Conference in New York which Supervisor Lent had participated in, a tour of the Mark John Big Pine Lease, the dedication ceremony for the Highway 395 four-lane project which was just completed, the WEMO meeting, and an Interagency Visitors Center meeting.

 

 

Closed Session

The Chairperson recessed open session at 2:55 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 13.  CONFERENCE WITH LEGAL COUNSEL EXISTING/ANTICIPATED LITIGATION (Pursuant to Government Code Section 54956.9(a)(c) – One Case -  LORP Pumpback Station Dispute between LADWP and County of Inyo, Adjudication of Dispute Pursuant to the Long Term Water Agreement entered June 1997 as Stipulation and Order of Judgment, Inyo County Superior Court, Case 12908 and No. 14.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Employee Organization - ICEA, Negotiators - County Administrator and Personnel Analyst

 

Report on Closed Session

The Chairperson recessed closed session at 4:57 p.m., reconvening 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 4:57 p.m., to 9:00 a.m., July 9, 2002, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

  ______________________________________
   Chairperson, Inyo County Board of Supervisors

 

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

    by:        ___________________________________
                   
Patricia Gunsolley, Assistant

 

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Copyright © 2001 County of Inyo
Last Updated: May 18, 2006