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. Ms. Jean Dickinson, Director of Health and Human Services, updated the Board on the Health Reform weekly conference call. Ms. Ron Chegwidden, Public Works Director, informed the Board that the Bishop Library and the Annex Building have been electrically upgraded and ready to support the Network Project. Mr. George Milovich, Agricultural Commissioner, informed the Board of the retirement of Mr. Ernie Poncet, Mosquito Abatement Manager and updated the Board on legislation regarding funding for noxious weed abatement and efforts to have a portion of the gas tax allotted to fund Agricultural Commissioners in counties.

CAO-Personnel/ Premium Pay Workshop

The Chairperson recessed open session at 9:10 a.m., to convene in a workshop with the County Administrator on the County’s Premium Pay Policy. The Chairperson recessed the workshop at 9:50 a.m., to reconvene in open session at 10:00 a.m., with all Board Members present.

DA/DA Premium Pay

Mr. Art Maillet, District Attorney, addressed the Board to provide additional information and further justification for his request to pay District Attorney’s in his office a 25% increase in pay grades. Mr. Maillet provided the Board with additional information including salary comparisons and housing cost comparisons with other California counties. The Assistant District Attorney, Mr. Mark Johnson, provided clarification on the information contained in the comparisons provided by the D.A. The Board, and the District Attorney discussed the request to increase DA salaries by 25% as well as the County Administrator’s recommendation to incrementally increase the salaries based on the requirement of having a license and maintaining a license to practice law, over a 2 year period, with 5% being offered July 1, 2007 and an additional 5% being offered July 1, 2008. The Board and Staff also discussed the ability to pay other types of bonuses and still have it be “PERSable”, with the CAO and County Counsel providing clarification on the definition of premium pay as defined in the MOU’s with the unions and PERS’ definition of what qualifies to be reported as “special compensation,” as well as PERS’ definition on who qualifies to receive special compensation.

The Board discussed the budgeting and prioritization of the premium pay, as well as whether to offer the premium pay to only the District Attorney’s. Supervisor Arcularius indicated that she was supporting offering the premium pay as recommended by the County Administrator at 5% effective July 1, 2007 and an additional 5% effective July 1, 2008, and that she wanted to offer the premium pay for having and maintaining a license to practice law. Supervisor Cervantes indicated that he could support that recommendation, but questioned where the funding would come from. Supervisor Cash also supported the CAO’s recommendation. Supervisor Bilyeu indicated that because of his background in law enforcement he would like to fund the request at the 25% recommended by the District Attorney, but could not because of the status of the County’s budget. Supervisor Bilyeu went on to express his support of the CAO’s recommendation in order to provide some recruitment assistance to the District Attorney. Supervisor Brown supported the recommendation to fund 5% in the 2007/08 budget and an additional 5% in the 2008/09 budget, because that would give the Board the ability to identify and prioritize the funding over two budget years. The Board went on to discuss the possibility of allowing the District Attorney to offer the entire 10% as a recruiting enhancement should the DA want to make an offer to a qualified candidate. The District Attorney expressed his concern that the amounts being offered would not be sufficient to enhance his recruitment efforts. The Board discussed the implementation dates of the proposed premium pay, with the Board clarifying that the $42,000+ identified by the County Administrator would be in the upcoming 2007/08 budget and the full 10% of $84,000+ would be for the 2008/09 budget.

Moved by Supervisor Cash and seconded by Supervisor Arcularius to authorize 5% premium pay for those County officers and employees required to hold a license to practice law effective July 1, 2007 and an additional 5% the second year for maintaining the license to practice law and give the District Attorney the discretion to utilize the year 2 premium pay (10%) as a recruiting tool should he find it necessary. Motion carried unanimously. Supervisor Cervantes briefly left the meeting.

Motor Pool/ Surplus Vehicles Disposal

Moved by Supervisor Brown and seconded by Supervisor Cash to A) declare the vehicles and heavy equipment identified by Staff as surplus; B) authorize Motor Pool to utilize Ken Porter Auctions Services located in North Hollywood, California, for the removal and sale of County-owned surplus vehicles and heavy equipment; and C) approve the Consignment Agreement between the County of Inyo and Ken Porter Auctions Services for the sale; and authorize the Motor Pool Manager to sign. Motion carried unanimously, with Supervisor Cervantes absent.

Ag Comm./Wt. Truck – Mule Pulling Contest

Moved by Supervisor Brown and seconded by Supervisor Cash to authorize the use of the weight truck for the Mule Pulling Contest, Sunday, May 27, 2007, during the Mule Days Events at the Tri-County Fairgrounds. Motion carried unanimously, with Supervisor Cervantes absent.

Coroner/Deputy Coroner Contract

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Contract between the County of Inyo and Scott R. Stell for Deputy Coroner services; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

D.A./Lexis Nexis Subscription Agreement

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the Lexis Nexis Subscription Agreement and order form for Online Legal Services, contingent upon your Board’s adoption of a FY 2007-08 budget; and authorize the District Attorney to sign. Motion carried unanimously, with Supervisor Cervantes absent.

HHS-Misc./ Bishop Plaza Lease Extension

Moved by Supervisor Brown and seconded by Supervisor Cash to approve the second one-year lease extension for the Lease between the County of Inyo and Maudsley Enterprises, Inc., for the office space located at the Bishop Plaza, extending the term of the contract for one year from July 1, 2007 through June 30, 2008 and increasing the rent by $208 per month to a monthly amount of $4,576, contingent upon the Board’s adoption of a FY 2007-08 budget; and authorize the Chairperson to sign. Motion carried unanimously, with Supervisor Cervantes absent.

P.W./MHA Contract Amendment

Moved by Supervisor Brown and seconded by Supervisor Cash to approve Amendment No. 2 to the Contract between the County of Inyo and MHA Environmental Consulting, Inc., increasing the amount of the Contract by $7,000 to provide permitting assistance for the Schabbell Lane Resurfacing Project, for a total amount not to exceed $180,000, contingent upon the Board’s adoption of future budgets; and authorize the Chairperson to sign, contingent upon the appropriate signatures being obtained. Motion carried unanimously, with Supervisor Cervantes absent. Supervisor Cervantes rejoined the meeting at the conclusion of this item.

BofS/SB 893 Opposition Letter

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the letter to Senator Sheila Kuehl, Chairperson of the Senate Health Committee, opposing SB 893 (Cox) which proposes to divert local Proposition 10 (California Children and Families Act) funds to be used exclusively to fund a state health care program; and authorize the Chairperson to sign. Motion carried unanimously.

County Counsel/ Paul Bruce Reappointment

Moved by Supervisor Arcularius and seconded by Supervisor Cash to re-appoint Paul N. Bruce as County Counsel for a four-year statutory term commencing May 1, 2007, through April 30, 2011. Motion carried unanimously.

P.W./Deferred Maintenance Projects

Moved by Supervisor Cervantes and seconded by Supervisor Cash to A) approve the proposed FY 2006-07 Deferred Maintenance Projects as recommended by the Public Works Department; B) approve the plans and specifications for the Lone Pine Sheriff’s Office and Library Reroofing Project and authorize the Public Works Director to advertise for bids for the project; and C) amend the FY 2006-07 Deferred Maintenance Budget Unit 011501 by increasing appropriations in Professional and Other Services (Object Code #5265) by $50,000; and reducing appropriations in Maintenance of Structures (Object Code #5191) by $50,000. Motion carried unanimously.

BofS/Minute Approval

Moved by Supervisor Cash and seconded by Supervisor Cervantes to approve the minutes of the April 3, 2007 Board of Supervisors Meeting. Motion carried unanimously.

Recess/

Reconvene

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

Closed Session

The Board met in closed session to discuss Agenda Items No. 15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Jeff Gilbert v Baldwin et al., United States District Court Central District of California Case No. 05-0790; No. 16. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a) ] – Jon Frederic Nelson v. United States District Court, Inyo County Sheriff’s Department, Bishop Police Department, United States District Court Eastern District of California 1:06-CV-0107 REC TAG; and No. 17. 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).

Report on Closed Session

The Chairperson recessed closed session at 2:25 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 2:25 p.m., to 9:00 a.m., Tuesday, April 24, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.