County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period and there was no one from the public wishing to address the Board.

County Dept. Reports

The Chairperson announced the County Department Report period. Mr. Marvin Moskowitz, Environmental Health Director, updated the Board on changes in the California Food Code, which are effective in July 2007. He also updated the Board on AB 885 which is legislation establishing more stringent codes for septic systems which will negatively impact rural California. Ms. Jean Dickinson, Director of Health and Human Services, informed the Board that it is Public Health week and commended the local Public Health Staff. Ms. Dickinson went on to acknowledge the work of Wild Iris and their child abuse prevention efforts.

Org.-Wild Iris/ Child Abuse Prevention Proclamation

A representative of Wild Iris updated the Board on the events and activities to focus on child abuse prevention. Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the proclamation declaring April 2007 as Child Abuse Prevention Month in Inyo County. Motion carried unanimously.

E. Health/LADWP Domestic Well Permit

Mr. Marvin Moskowitz, Environmental Health Director, explained that the well being considered today had previously been approved by the Board and that DWP was requesting a change in the diameter of the pipe from 8” to 12”, which requires Board approval. Mr. Moskowitz briefly explained that the well would be providing water to the DWP Sulfate Road Facility and that originally DWP had expected to truck water to the facility. He went on to explain that because of the number of people expected to be working at the facility the County was requiring a “community water system” per State code which mandates a permanent potable water source, i.e., the well. The Board and Mr. Moskowitz continued to discuss the well, including (a) whether potable water is available at the location; (b) how the County will secure and monitor that the well is used only as a domestic source of water at the location; (c) the depth of the well and (d) the ability to utilize treatment technology to meet water requirements. Moved by Supervisor Cervantes and seconded by Supervisor Arcularius to approve the new construction of a ground water well to provide domestic water supply for the future LADWP Owens Lake Sulfate Road Facility. Motion carried unanimously.

Integ. Waste/ Sierra Conservation Sub-Lease

Moved by Supervisor Cash and seconded by Supervisor Cervantes to A) revoke the License Agreement dated August 15, 2006 between the County of Inyo and Sierra Conservation Project allowing the processing of recyclable material at the Bishop-Sunland Landfill and B) approve a sub-lease between the County of Inyo and Sierra Conservation Project for the processing of recyclable materials at the Bishop-Sunland Landfill, and authorize the Chairperson to sign. Motion carried unanimously.

HHS-Behavioral Hlth. Serv./Charis Youth Contract Amendment

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve Amendment No. 1 to the Contract between the County of Inyo and Charis Youth Center for the provision of mental health placement services increasing the amount by $35,000 for an amount not to exceed $90,000 for the period of July 1, 2006 through June 30, 2007; and authorize the Chairperson to sign. Motion carried unanimously.

Planning-Yucca Mt./Vehicle P.O.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to award the bid for and approve the purchase of a 4 x 4 utility vehicle from Eastern Sierra Motors as the low bidder, in an amount not to exceed $19,195. Motion carried unanimously.

BofS/DFG In Lieu Fees Program Funding Support

Supervisors Arcularius and Cash briefly explained that the Governor’s budget does not include funding for the DFG’s In Lieu Fees Program, that this is money that the State is obligated to pay to the Counties for the State’s purchasing private lands which removes those lands from the local tax rolls. They went on to explain that the State has not paid counties what is owed in the past several years. Supervisor Cash explained that Staff is attempting to verify the County of Inyo’s allocation, which appears to be much lower than it should be and requested that the letter be amended to reflect a greater amount which would be established after Staff completes its research. Moved by Supervisor Arcularius and seconded by Supervisor Cash to approve the letters to Assemblyman Bill Maze and Senator Roy Ashburn requesting support for funding the Department of Fish and Game’s In Lieu Fees Program in this year’s Budget as amended by the Chairperson, to reflect a greater amount for Inyo County; and authorize the Chairperson to sign. Motion carried unanimously.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 9:45 a.m., to reconvene at 10:00 a.m. with all Board Members present.

D.A./Video/Audio Equipment P.O. and Budget Amendment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to A) declare Williams Audio Services in Redlands, California, as a sole-source provider of Video/Audio equipment; B) authorize the purchase of two sets of Video/Audio Equipment, from Williams Audio Services, in an amount not to exceed $20,150; and C) amend the FY 2006-07 OES-SRVP Budget Unit 620906 as follows: decrease appropriations in Professional Services (Object Code #5265) by $3,200 and General Operating (Object Code #5311) by $5,600 and increase appropriations in Other Equipment >$5,000 (Object Code #5670) by $8,800. Motion carried unanimously.

CAO-Personnel/ Labor Relations Administrator Position

The County Administrator provided additional information and justification for the request to establish a Labor Relations Administrator. He went on to commend the work performed by Ms. Dishion who he was recommending be reclassified to the position. Several Board Members echoed the County Administrator’s remarks regarding Ms. Dishion’s commitment to the County and her work ethic. The Board and Staff discussed the position as well as the salary range in detail and at length, including several alternatives for beginning salary ranges and steps. Supervisor Arcularius supported the establishment of the position, explaining that she did not agree with the proposed Range 79. She supported the position being paid at the same level as the Risk Manager, which is 78E, explaining that she felt they were at the same level of duties and responsibilities. The County Administrator suggested possible alternatives. Supervisor Cash indicated that she felt the position should be a Range 79 just not an E step. The County Administrator requested that the motion, when it is made include that the position be classified as an Exempt and Confidential position. County Counsel, Paul Bruce, explained that the exempt designation identifies the position as not being entitled to overtime per the FLSA rules and the confidential designation identifies the position as being subject to the Millias-Myers Brown Act which sets parameters for the position’s involvement in negotiations and union representation. The Board and Staff continued to discuss specific salary ranges and monthly amounts. The individual Board Members expressed their opinions regarding the salary for the position, with Supervisor Cash reiterating that she could support a range 78C or a 79B.

Moved by Supervisor Arcularius and seconded by Supervisor Brown to establish a new position of Labor Relations Administrator for Inyo County at a Range 78E ($4,527 - $5,503). Motion carried on a four-to-one vote, with Supervisors Arcularius, Brown, Bilyeu and Cervantes voting yes, and with Supervisor Cash voting no.

Moved by Supervisor Arcularius and seconded by Supervisor Brown to reclassify the Personnel Analyst, Sue Dishion at Range 70E ($3,749 - $4,558) to Labor Relations Administrator at Range 78E and make the position an Exempt and Confidential position. Motion carried unanimously.

BofS/Tristate Desert Advisory Comm. Update

County Counsel, Mr. Paul Bruce, updated the Board on the State of Nevada’s proposed legislation to create the Tristate Desert Advisory Commission to study issues common to Inyo and San Bernardino counties in California and Clark County in Nevada, and the County’s participation in the hearings conducted last Thursday, in Carson City, Nevada on this legislation. At the conclusion of his presentation, the Board requested to be kept informed on this legislation.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, including the History Day Contest, the CSAC Legislative Conference, the IMAAA fundraiser, various constituent meetings, the upcoming Devils Hole Workshop, an upcoming Stewardship Meeting, and the LTC Unmet Needs Meeting.

Closed Session

The Chairperson recessed open session at 12:00 p.m., to convene in closed session, with all Board Members present to discuss Agenda Items No. 12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] Sierra Club v. City of Los Angeles, Los Angeles Department of Water and Power , Inyo County Superior Court Case No. SICVCV01-29768 (1); No. 13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Barton v Barton, Inyo County Superior Court Case No. SICVCFL-06-41173; No. 14. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION [Pursuant to Government Code Section 54956.9(C) ] – Decision whether to initiate litigation (one case); No. 15. 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; and No. 16. 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. The Chairperson recessed closed session at 12:02 p.m., to reconvene at 1:00 p.m., with all Board Members present to continue closed session discussions.

Report on Closed Session

The Chairperson recessed closed session at 3:36 p.m., to reconvene in open session to receive a report on closed session. County Counsel reported that with regard to Agenda Item No. 13. No. 13. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Barton v Barton, Inyo County Superior Court Case No. SICVCFL-06-41173, which is a divorce proceeding between two people and in which the County has been served to join in this divorce action on the basis that we control and direct our Hartford Deferred Compensation Plan which is one of the IRS Section 457 Plans authorized by the Board of Supervisors for employees, wherein the joiner of the County seeks an injunction against the County’s distribution of Deferred Compensation funds, the Board in a unanimous vote, with Supervisors Arcularius, Cash, Brown, Bilyeu and Cervantes, voting yes, authorized and directed the Office of County Counsel to defend and represent the County in this matter.

Adjournment

The Chairperson adjourned the regular meeting at 3:38 p.m., to 9:00 a.m., April 10, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.