County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Whiting of an IHSS workers union addressed the Board, along with several other representatives of the union and local IHSS workers, to encourage the Board of Supervisors to negotiate for wages and benefits with the local IHSS workers. A resident of the Foothill Mobile Home Park near Diaz Lake, addressed the Board to complain about the water quality at the Park, which has 34.7 mcl of Uranium, which far exceeds the legally allowable limited of 30 mcl. She asked that the County intercede on behalf of the Park residents to get the owners to provide bottled water until the problem is solved.

County Dept. Reports

The Chairperson called for County Department Reports. Ms. Rennie Holland, Yucca Mountain Assessment Office, reported on the Yucca Mountain Project. The Chairperson postponed the remaining County Department Reports, to be continued after the following scheduled presentations.

Caltrans Adopt a Highway Presentation

Ms. Barbara Cody of Caltrans District 9 Office presented a certification to the local Independence American Legion Post honoring its members for their participation in the Adopt a Highway Program. She presented the Post with the Certificate from the State and a letter of congratulations from Senator Ashburn. The Board thanked those members of the Independence American Legion Post who were in attendance for their dedication to keeping their segment of Highway 395 beautiful.

LADWP Presentation of Photographs

Mr. Gene Coufal, LA Aqueduct Manager, presented, on behalf of Mayor Villaraigosa, to those members of the Board of Supervisors who were in attendance at the LORP ceremonies, commemorative photographs of them with Mayor.

County Dept. Reports Cont’d.

The Chairperson continued the County Department Report period. Ms. Leslie Chapman, Auditor-Controller, updated the Board on the Financial Information Systems Upgrade, with the Project Manager, Ms. Annette Denning, briefly reviewing the Project Charter. Ms. Jean Dickinson, Director of Health and Human Services, reviewed the County’s IHSS Program, explaining that the IHSS workers were not employees of the County. She informed the Board that the County has contracted with Community Solutions as the Employer of Record for services and they are the party responsible for the local IHSS Program. Mr. Kevin Carunchio, Deputy County Administrator, informed the Board that the Friends of the Museum have received a donation from Boulder Creek, as a result of last year’s LORP Ceremonies.

Integ. Waste/L.P. Landfill Dust

The Board and Staff discussed the recent conditions, which have resulted in the Lone Pine landfill being cited by the Great Basin Unified Air Pollution Control District (APCD) for excessive dust. Mr. Chuck Hamilton explained that the landfill was closed on the two days the citations were issued. He reviewed the options to manage and mitigate the dust, which included (a) hiring a roving equipment operator who would be responsible for watering the Independence and Lone Pine landfills on high wind days when dust is present, even on the days when the landfills are closed; (b) using calcium chloride to establish a crust-base on the intermediate areas of the landfill; and (c) utilizing wood chips from the grinder on the intermediate areas of the landfill. Mr. Hamilton went on to explain that as soon as there is a significant rain event the calcium chloride, which has already been purchased, will be applied and that because of new air pollution control regulations, APCD had shut down the tub grinder, which would have provided the wood chips to solve a potion of the problem. Mr. Ted Schade, Air Pollution Control Officer, addressed the Board to explain that a variance for the use of the tub grinder was being considered by the District and with the variance the County should have sufficient time to bring the tub grinder into code, while still using it to produce the wood chips to help mitigate the dust.

The Board and Mr. Hamilton discussed the estimated costs of bringing the grinder into compliance with the Board directing Staff to return on March 20, 2007 to continue the discussion on alternatives for dust mitigation at the Lone Pine Landfill and to report on the status of the variance for the use of the tub grinder.

Ord. 1127 DB Districts Density Bonus Overlay

On a motion by Supervisor Arcularius and a second by Supervisor Cervantes, Ordinance 1127 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Repealing Existing Chapter 18.65 of the Inyo County Code and Replacing It With New Chapter 18.65; DB Districts Density Bonus Overlay,” was adopted: motion unanimously passed and adopted.

Ord. 1128 CB District – Central Business Designation

On a motion by Supervisor Cervantes and a second by Supervisor Cash, Ordinance 1128 entitled “An Ordinance of the Board of Supervisors of the County of Inyo, State of California, Adding Chapter 18.44 Entitled ‘CB District – Central Business,’ to the Inyo County Code,” was adopted: motion unanimously passed and adopted.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:10 a.m., to reconvene in open session at 10:25 a.m., with all Board Members present.

BofS/AAPL New Public Land Use Recreation Designation

Mr. Dick Noles and Mr. Dave Mattovich of AAPL, and Mr. Chris Horagan, Executive Director of the Stewards of the Sequoias, addressed the Board to provide information and a detailed presentation on efforts to establish a new public land use recreation designation for the US Forest Service Road Inventory currently being developed. They reviewed their request to have the Board support AAPL Resolution 06-01 and presented the Board with copies of letters from a variety of local groups and organizations, who are also supporting this designation. The following people addressed the Board to either support, oppose or request a neutral or no action position by the Board on the request for support of the AAPL Resolution: Linda Emerson, opposing; Paul McFarland, opposing; Allan Pietrasanta, neutral position, John Dittli, oppose; Sally Miller, oppose; Jon Patzer, support; Darren Malloy, opposing; Joe Andrews, support; Andy Selters, oppose; Greg Weirick, support; Peter Cummings, oppose/neutral position; Lisa Jaeger, oppose; Steve White, oppose; James Wilson, oppose; Bill Mitchel, oppose; William Wright, support; and Steve Toomey, support. At the conclusion of the comments from the public, the Board went on to discuss the proposal for a new public land use recreation designation, including (a) how wilderness designations exclude uses; (b) the need for multiple uses; (c) protection of current uses; and (d) the need to provide flexibility of uses not restrictions on uses. Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to support the Advocates for Access to Public Lands (AAPL) Resolution 06-01 supporting congressional legislation to establish a new public land use recreation designation that will provide a permanent status to the US Forest Service Road Inventory that is presently in the development stage and add the County’s name to the list of supporters. Motion carried unanimously.

Recess/

Reconvene

The Chairperson recessed the regular meeting at 12:00 p.m., to reconvene in open session at 1:00 p.m., with all Board Members present.

BofS/Minute Approval

The Clerk requested that the minutes of the February 20, 2007, Board of Supervisors Meeting be corrected to reflect on the last sentence of the “Public Comment” paragraph as “…and to provide a copy of their newsletter.” Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the minutes of the Board of Supervisors Meetings of A) February 20, 2007 as corrected and B) February 26, 2007. Motion carried unanimously.

Integ. Waste/ Waste Tire Amnesty Event

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to A) authorize Integrated Waste Management to conduct a two-day Waste Tire Amnesty Event on Friday, April 13, 2007 and Saturday, April 14, 2007; and B) authorize Integrated Waste Management to waive all fees associated with the disposal/recycling of waste automotive tires for the two-day event. Motion carried unanimously.

P.W./No. Inyo Airport Advisory Committee Appointments

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to appoint the following to the Northern Inyo Airport Advisory Committee: A) Paul Baldwin to fill a four-year term ending December 1, 2010; B) Lewis McConnel to fill a four-year term ending January 31, 2011 and C) Arnie Peterson to fill a four-year term ending January 31, 2011. Motion carried unanimously.

Auditor/Manage-

ment Analyst Position

Ms. Leslie Chapman, Auditor-Controller, provided additional information and further justification for the request to change the Department’s authorized strength by adding a Management Analyst Position. She and the Board discussed the vacant Assistant’s position, which she explained would remain in the authorized strength without being budgeted.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) increase authorized strength by adding one Management Analyst position at Range 74 ($4,119 - $5,007); and B) authorize the recruitment and filling of the position. Motion carried unanimously.

D.A./Premium Pay for Attorney’s

Mr. Art Maillet, District Attorney, provided additional information and further justification for the request to pay “premium pay” to the attorney’s in his office. He and the Board discussed who would be eligible for this premium pay, with the DA explaining that he was including himself in the cost of this benefit, and that he would be willing to forego the increased pay, if it would help to get the premium pay for the remainder of the attorneys. The County Administrator explained that Personnel is not recommending the Board approve this request at this time, and suggested that the Board give Personnel the opportunity to develop a policy and procedures on the implementation of “premium pay” in order to provide for consistency in its application. The Board, the District Attorney and the County Administrator discussed the issue of premium pay, including the impact of this specific request on other like classifications throughout the County. The Board agreed with the County Administrator’s recommendation and directed Personnel to develop a “premium pay” policy and procedures to be discussed and considered by the Board at the March 27, 2007 Board of Supervisors Meeting.

Fish and Game/ Eastern Sierra Wildlife Care Funding

The Board queried Staff on the balance in the Fish and Game Fine Fund, as well as if this expenditure is an appropriate use of the Fine Fund. County Counsel confirmed that the expenditure is appropriate. Moved by Supervisor Brown and seconded by Supervisor Cash to approve an expenditure from the Fish and Game Fine Fund in the amount of $2,000 to be paid to the Eastern Sierra Wildlife Care for the care of orphaned, sick and injured animals and birds contingent upon the submittal of verification of expenses. Motion carried unanimously.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including a meeting regarding the Alabama Hills, an LTC meeting, an Indian Gaming Committee meeting, a Cattlemen’s Association Meeting, and an Independence Civic Club Meeting.

Closed Session

The Chairperson recessed open session at 2:05 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 15. PERSONNEL (Pursuant to Government Code Section 54957)– Public Employee Performance Evaluation – Title: Water Department Director; No. 16. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) – One Case – Pine Creek v. County of Inyo, Inyo County Superior Court Case No. SICVPT 05-38112; No. 17. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) – Instructions to Negotiators re: wages, salaries and benefits – Employee Organization: Inyo County Employees Association (ICEA) – Negotiators – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; No. 18. 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 – CAO Ron Juliff, Personnel Analyst Sue Dishion, Chief Probation Officer Jim Moffett and Deputy County Administrator Kevin Carunchio; and No. 19. REAL PROPERTY NEGOTIATIONS (Pursuant to Government Code Section 54956.8) – Conference with Real Property Negotiator – Property: APN18-090-01, County Road, Big Pine, California (Big Pine Convalescent Facility) - Negotiating Parties: County of Inyo and Freedom Ranch – Under Negotiation: Terms and Conditions of Lease.

Report on Closed Session

The Chairperson recessed closed session at 5:05 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 5:05 p.m., to 9:00 a.m., Tuesday, March 13, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.