County of Inyo

Board of Supervisors

Closed Session

The Board convened in closed session to discuss Agenda Items No. 1. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Appointment – Title:  Director of Public Works; and No. 2. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits - Title: Director of Public Works – Negotiator – A Member of the Board of Supervisors as designated.

Public Comment

The Chairperson recessed closed session at 9:30 a.m., to reconvene in open session.  Supervisor Bilyeu offered the invocation and Supervisor Cash led the Pledge of Allegiance.  The Chairperson announced the public comment period.  Supervisor Bilyeu took the opportunity to thank the Public Works Staff for the installation of the flagpole at the Juvenile Facility. 

The Chairperson announced the County Department Report period.  The Treasurer-Tax Collector, Mr. John Treacy, provided information on the financing costs for the Lease Purchase of the Financial System and the Network Infrastructure, which has been approved by the Board.  Ms. Leslie Chapman, Auditor-Controller, presented the Board with a copy of the Financial Audit and reviewed the TEETER Plan and the funding percentages and schedule.   Mr. Arden Wallum, Acting Water Director, reviewed the process for the County’s evaluation of the City of Los Angeles Department of Water and Power’s Annual Operations Plan.  The County Administrator provided the Board with a copy of the letter from Clarke County regarding the Yucca Mountain AULG Funding.

DA/Lexis Nexis Agreement

HHS-Emerg. Serv./Water and Shelter Heaters

HHS-Behavioral Hlth./Substance Abuse Plan

Moved by Supervisor Arcularius and seconded by Supervisor Cash to adopt Resolution No. 2005-19, approving the FY 2005-06 Plan for implementation of the Substance Abuse and Crime Prevention Act; motion unanimously passed and adopted. (*Please note further action on this item later in the meeting.)

On a motion by Supervisor Cash and a second by Supervisor Arcularius, Ordinance 1095 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Approving Zone Reclassification No. 2003-01/Rousek and Amending Title 18 of the Inyo County Code, the Inyo County Zoning Ordinance, by Reclassifying a 38,083 Square Foot Parcel of Property Located at 1313 Rowan Lane (APNs 10-302-05 and 10-302-06) in the Community of Bishop From C-2-10, 000 (Highway Services and Tourist Commercial, 10,200 Square Feet Minimum) to M-2 (Light Industrial;)” was adopted: motion unanimously passed and adopted.

Supervisor Arcularius presented for the Board’s consideration the draft letters to Congressman Jerry Lewis and the County’s Congressional Representatives, requesting they support PILT funding.  She reviewed the PILT program and provided a brief history of the federal allocation for the Program.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to approve A) the letters to Congressman Jerry Lewis, Chairman of the House Appropriations Committee, and our Congressman Buck McKeon requesting they support funding of PILT (Payment in Lieu of Taxes) in the amount of $235-million as being requested by Senators Thomas and Reid, and authorize Supervisor Arcularius to personally convey the sentiments to Congressman Lewis by phone to coincide with the Annual NACo Fly-In; and B) the letters to Senators Barbara Boxer and Dianne Feinstein thanking them for signing on to Senator Craig Thomas and Senator Harry Reid’s PILT Appropriations Letter requesting that the PILT Program be funded at $235-million in FY 2006 which is an $8-million increase over FY 2005 and $35-million more than the President’s budget request. Motion carried unanimously.

CAO-Econ. Dev./ CDBG Grant Final Report

Prior to the Chairperson opening the public hearing regarding the CDBG Planning/Technical Assistance Grant Final Report, he made the following statements:  

A)                 anyone wishing to address this item during the public hearing is required to sign the sign-in roster which the Assistant Clerk has;   B)                 the hearing has been advertised in advance for 10 days, the notice contains the instructions for the submission of written comments in the event someone wishing to comment is unable to attend the hearing, the County through its agenda publication process provides assistance to those with disabilities or to people needing translation to participate; and the information has been available at the Clerk of the Board’s Office located in the County Administrative Center, in Independence;  

C)     the following statements are made with regard to the purpose of the public hearing:  “The County of Inyo is one of approximately 180 communities in California that is eligible to compete for up to $870,000 each year in grant funds.  The purpose of all CDBG money is to benefit primarily persons of low-moderate income.  The State CDBG program provides funds for housing rehabilitation, housing construction, public works, economic development business loans or infrastructure, and planning/technical assistance grants.   The County has received several CDBG grants and this public hearing is for the closeout of one grant.  

The Public Hearing is a required step in the process of closing out the County’s obligations associated with State Community Development Block Grant funds, Grant #02-EDBG-897.  This procedure is to allow interested parties to comment on the grant performance and outcome of the project and is part of the citizen participation requirement associated with CDBG funds.  A copy of the Final Financial and Accomplishment Report is available for public review during the publishing period of the public notice at the Clerk of the Board’s Office at 224 N. Edwards, in Independence.  

CDBG Planning and Technical Assistance Grant #02-EDBG-897 for $27,365 provided funding for preparation of an Industrial Site Feasibility Analysis.  The grant provided $25,997 in funding for the strategy and $1,368 for grant administration.  CDBG funds must primarily benefit persons from the Targeted Income Group (TIG).  TIG persons are those whose Household Income is 80% of the County Median Household Income or less.”  

The Chairperson opened the public hearing at 10:30 a.m., on the final report detailing the study conducted by Applied Development Economics, Inc., prepared to identify the feasibility, job creation possibilities and tentative location for developing a Light Industrial Park within Inyo County.  There was no one from the public wishing to address this report.  The Board and Staff discussed the report in detail.  The Chairperson closed the public hearing 10:50 a.m. 

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the Final Report; and direct Staff to transmit the Final Report to CDBG as the Final Product for Grant #02-EDBG-897; to direct Staff to keep copies of the proof of notice of publication, meeting minutes, and the public input sign-in roster with the certification that no comments were received be maintained in the Board of Supervisors files as the “grants public information file” and to take other appropriate steps that may be required to successfully closeout this grant.  Motion carried unanimously.  

D.A./Bishop DA Office Security

The District Attorney, Mr. Art Maillet, provided additional information and further justification for the request to evaluate security measures for the Bishop District Attorney’s Office.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to direct the Public Works Department, the County Administrator and other appropriate departments to evaluate what would be needed and the cost associated with securing the Bishop District Attorney’s Office and return with a recommendation for Board consideration.  Motion carried unanimously. 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:55 a.m., to reconvene at 11:05 a.m., with all Board Members present. 

D.A./Bishop DA Office Security

Supervisor Arcularius requested that the Board reconsider the request by the District Attorney for security at the Bishop District Attorney’s Office.  It was the consensus of the Board to reconsider this item.  Supervisor Arcularius requested that her motion be amended with Supervisor Bilyeu seconding the amended motion, to authorize the District Attorney, the Public Works Department and other appropriate departments to evaluate the security in the Bishop District Attorney’s Office; and further to authorize the purchase and installation of combination locks, plexiglass windows and other appropriate security measures, as may be required from the appropriate vendors and applicable under the public contract codes, as determined by Staff, in an amount not to exceed $5,000.  Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to waive the hiring freeze and authorize the filling of a budgeted Planning Technician I position at Range 58 ($2,474 - $3,009).  Motion carried unanimously.

Mr. Ron Chegwidden, Acting Public Works Director, reviewed Staff’s recommendations regarding the Plan for Placement of Display Aircraft at County Airports.  The Board and Staff discussed the plan in general and at some length.  Supervisor Arcularius clarified that the issues and concerns were that the Northern Inyo Airport Advisory Committee had expressed an interest in obtaining a display aircraft and learned in researching this item that they needed the permission of the Board to make contact with people (usually the military) that would loan aircraft, in order to even get the necessary information to determine if this might be a feasible project.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to authorize the County’s Airport Advisory Committees to make contact with those agencies who loan display aircraft to see about the feasibility of obtaining aircraft for display at Inyo County airports.  Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) authorize the County of Inyo Network Project as recommended by Staff; B) direct the Information Services Manager to file a Notice of Exemption as required by CEQA; and C) authorize that Budget Unit 011805 be established to track expenses and revenue related to the County of Inyo Network Project; and direct that Budget Unit 011805 be administered by the County of Inyo Information Services Division.  Motion carried unanimously.

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to A) authorize the County of Inyo Financial System Project as recommended by Staff; B) authorize that budget unit 011808 be established to track expenses and revenue related to the Inyo County Financial System Project and authorize that Budget Unit 011808 by administered by the County of Inyo Information Services Division.  Motion carried unanimously. 

Staff responded to questions from Supervisor Cervantes, regarding the consultant contract for the Network and Financial System Projects.  Mr. Brandon Shults, Information Technology  Director, reviewed the RFP process, explaining that the County had received only one response to the RFP for the financial system project consultant, and confirming that the RFP included the requirement for on-site oversight.  Supervisor Cervantes indicated his dissatisfaction with sole-source providers, explaining that he would be unhappy if this became the case for these projects.  Mr. Shults also  confirmed that should a sole-source provider recommendation be forthcoming for any portion of the network and financial system projects, that a full and detailed report and justification for the recommendation would be provided for consideration by the Board.  Moved by Supervisor Cash and seconded by Supervisor Arcularius to  approve the Contract between the County of Inyo and David A. Archer for financial system project consulting services at the rate of $85 per hour, in an amount not to exceed $350,000 for the period of May 2, 2005 through June 29, 2007, contingent upon the Board’s adoption of future budgets and authorize the County Administrator to sign, contingent upon the appropriate signatures being obtained.  Motion carried unanimously on a four-to-zero vote, with Supervisors Arcularius, Cash, Williams and Bilyeu voting yes, and with Supervisor Cervantes abstaining.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to approve the minutes of the April 5, 2005, Board of Supervisors Meeting.  Motion carried unanimously, on a three-to-zero vote, with Supervisors Arcularius, Cash and Bilyeu voting yes, and with Supervisors Williams and Cervantes abstaining.

Board Members and Staff Reports

The Chairperson recessed open session at 1:45 p.m., to convene in closed session with all Board Members present to discuss Agenda Items No. 19.  CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)] – Inyo Citizens for Better Planning v. Inyo County; Inyo County Board of Supervisors et al., Inyo County Superior Court Case No. SICVPT05-38164 (1);  No. 20.  PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Appointment – Title:  Director of Water Department; No. 21.  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, Ron Juliff, Chief Probation Officer, Jim Moffett, and Treasurer-Tax Collector – John Treacy; No. 22.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Deputy Sheriff’s Association (DSA) – Negotiators – County Administrator, Ron Juliff, Chief Probation Officer, Jim Moffett, and Treasurer-Tax Collector – John Treacy; No. 23.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Law Enforcement Administrators’ Association (LEAA) - Negotiators – County Administrator, Ron Juliff, Chief Probation Officer, Jim Moffett, and Treasurer-Tax Collector – John Treacy; and No. 24.  CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) - Instructions to Negotiators re: wages, salaries and benefits – Employee Organization – Elected Officials Assistant Association (EOAA) – Negotiators – County Administrator, Ron Juliff, Chief Probation Officer, Jim Moffett, and Treasurer-Tax Collector – John Treacy  

The Chairperson recessed closed session at 3:50 p.m. to reconvene in open session, with all Board Members present.  Staff requested the Board reconsider the approval of the FY2005-06 Substance Abuse Plan, in order for Staff to provide further clarification on what action is actually required for the approval of the Plan.  Moved by Supervisor Cash and seconded by Supervisor Arcularius to reconsider the approval of Resolution No. 2005-19, approving the Substance Abuse and Crime Prevention Act.  Motion carried unanimously.    Staff explained that the request for a resolution to approve the Plan had inadvertently been made.  Staff went on to explain that no resolution had been provided for approval nor was one needed and asked the Board rescind their previous motion and approve the Plan without referencing a resolution.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to rescind the previous motion adopting Resolution No. 2005-19 and approve the FY 2005-06 Plan for implementation of the Substance Abuse and Crime Prevention Act.  Motion carried unanimously.