County of Inyo

Board of Supervisors

Public Comment

The Chairperson announced the public comment period. Mr. Dan Totheroh, Starlite Resident, addressed the Board to support an increase of Environmental Health Fees rather than reducing services.

County Dept. Reports

The Chairperson announced the County Department Report Period. Mr. Ron Chegwidden, Public Works Director, notified the Board of the collapse of the roof on the Independence Town Water Reservoir as a result of the wildfires, which ravaged the area this weekend. He informed the Board that the community of Independence is on a “boil water” notice, that temporary potable water tanks will be arriving today and tomorrow to supply water for the residents. He went on to thank his Deputy Public Works Director Mr. Mike Conklin and DWP for their help during this emergency. Supervisor Jim Bilyeu took the opportunity to thank Crystal Geyser of Olancha for their generous donation of bottled water, which was distributed yesterday. Ms. Jean Dickenson, Director of Health and Human Services, updated the Board on Health and Human Services Department response activities throughout the course of the disaster, which included support of evacuation centers and thanked the residents of the community of Lone Pine for their assistance. Sheriff Bill Lutze, provided a status report of those areas affected by the wildfires, giving information on which roads are opening and which roads will remain closed. He thanked his Staff and the Deputy County Administrator Kevin Carunchio for their assistance during this disaster.

Post Agenda/ Update on Wildfire

The Chairperson identified the request for an update on the Inyo Complex Fire, which began Friday afternoon, affected the communities of Independence and Big Pine and resulted in the mandatory evacuation of Independence on Saturday. Moved by Supervisor Arcularius and seconded by Supervisor Cash to find that the need for the Board to participate in discussions regarding the Inyo Complex Fire arose after the agenda for the July 10, 2007 Board of Supervisors Meeting was posted and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore, this item is added as Agenda Item No. 7B. Motion carried unanimously, with Supervisor Brown absent.

Post Agenda/ Resolution Declaring Emergency

The County Administrator reviewed the request for the Board to consider a post agenda item, to approve a resolution ratifying his declaration of an emergency as a result of the Inyo Complex Fire. He noted that in order for the County to qualify for emergency relief funding from the State and in compliance with State and County statute the Board is required to take action on the declaration within 10 days. Moved by Supervisor Cash and seconded by Supervisor Arcularius to find that the need to take action on a resolution ratifying a declaration of emergency as a result of the Inyo Complex Fire, arose after the Agenda for the July 10, 2007, Board of Supervisors Meeting was posted and there is a need for the Board to take action on this item prior to the next regularly scheduled meeting, therefore, this item is added as Agenda Item No. 7A. Motion carried unanimously, with Supervisor Brown absent.

Emergency Serv./ Briefing on Inyo Complex Fire

The Fire Information Officer, introduced the Incident Commanders in charge of the Inyo Complex Fire. Representatives from the Incident Command provided the Board with a briefing on the Inyo Complex Fire, providing resources, personnel and agency statistics as well as the number of acres burned, the damage sustained to private and public structures and the update on the status of the injured firefighters. The discussion included (a) the need for defensible space, with Supervisor Arcularius requesting CalFire return in the near future to conduct a workshop with the Board on “defensible space” and “safety zones;” (b) suppression and evacuation efforts; and (c) the town meetings in Big Pine and Independence. The question regarding local notification and involvement of LADWP and the County workforce was identified as a concern and the Incident Commanders indicating that this would addressed in follow-up and incident debriefing meetings. Mr. Larry Grable of the Governor’s Office, and representatives of the State Office of Emergency Services, the National Forest Services, the California Department of Forestry and Fire Protection (CDF); and Southern California Interagency Incident Management Team Three (CalFire), participated in the discussion with the Board regarding the fire. The Board of Supervisors commended the Incident Command Staff and all of the firefighters for their quick response and support in getting this fire under control, recognizing the extreme sacrifice made by these dedicated men and women on our behalf. They went on to also thank and recognize all of the volunteers and people who offered their assistance to help those in need during this crisis. The Board Members noted that the County is very fortunate that the loss attributed to this fire is limited to structures and not lives.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 10:00 a.m., to reconvene in open session at 10:10 a.m., with all Board Members present, except Supervisor Brown.

Org./L.P. CofC Funding for Catch the Gold Promotion

Ms. Lee Barron and Ms. Kathleen New of the Lone Pine Chamber provided the Board with responses to their questions posed during the initial discussion regarding additional funding for the Chambers “Catch the Gold” promotion. They informed the Board that the Department of Fish and Game supports the promotion and indicated that it adds a localized element to the DFG’s statewide “Heritage Trout Challenge” Program. They provided detail regarding this year’s contract as well as an update on the status of the promotion since it began on July 1, 2007. The Board thanked the Chamber for their responses and continued to discuss the project. Several Board Members expressed concern with the Chamber proceeding with a project, they expected to receive County funding for prior to the Board’s consideration. The Board, Staff and Chamber representatives continued to discuss the project. The Deputy County Administrator, Mr. Kevin Carunchio, clarified the Community Sponsored Project, which will begin after the budget is adopted. He explained that the Board could consider a program such as this at that time, and reminded the Board the original request for funding was made in the FY 2006-07 budget, which is now closed and there is no mechanism for the Board to provide funding at this time. The Board took no action on the request from the Lone Pine Chamber of Commerce for funding the “Catch the Gold” promotional program.

Resol. #2007-32D/ L.P. Park Renamed Russ Spainhower Park and Little League Field

Supervisor Cervantes provided additional information and further explanation on the request to rename the Lone Pine Park and the Little League Field, the “Russ Spainhower Park and Little League Field.” He provided a history of Mr. Spainhower’s connection to the community of Lone Pine and confirmed that the Spainhower family will cover the costs associated with renaming these locations. Mr. Paul Payne, retired Fifth District Supervisor and Lone Pine Resident, addressed the Board to support this recommendation. On a motion by Supervisor Cervantes and a second by Supervisor Arcularius, Resolution No. 2007-32D was approved renaming the Lone Pine Park and Little League Field the “Russ Spainhower Park and Little League Field:” motion unanimously passed and adopted, with Supervisor Brown absent.

Sheriff/Digital In-Car Video Systems P.O.

Moved by Supervisor Cash and seconded by Supervisor Cervantes to award the bid for and approve the purchase of ten Digital In-Car Video Systems, including hardware from Digital ALLY, Inc., in an amount not to exceed $53,353 including tax and shipping, contingent upon the Board’s adoption of a FY 2007-08 Budget. Motion carried unanimously, with Supervisor Brown absent.

P.W.Indy Airport Plans and Specs.

Moved by Supervisor Arcularius and seconded by Supervisor Cervantes to approve the plans and specifications for the Independence Airport Improvement Project and authorize the Public Works Director to advertise for bids for the project. Motion carried unanimously, with Supervisor Brown absent.

P.W.-Personnel/ Premium Pay

The Board and Mr. Ron Chegwidden, Public Works Director, discussed Mr. Chegwidden’s request to have premium pay paid to designated positions within his Department. The Board asked for clarification on the requirements to hold the specific licenses and certifications noted in the Staff Report. The County Administrator provided additional clarification regarding the application of premium pay. He advised the Board against providing premium pay for certificates, but if the Board proceeded they should limit certificates to only those required by a Public Agency for the employee to do the job. He suggested that if the Board moved forward with this request they should limit the certification and non-professional licenses to a maximum of two; with 2-1/2% premium pay increment for each and a maximum of 5%. He also recommended that the Board, in keeping with the action taken with regard to the District Attorney’s request for premium pay, limit the amount of premium pay to 5% in FY 2007-08 and 5% in FY 2008-09 and authorize the Public Works Director the discretion to authorize the full 10% as a recruitment enhancement if a qualified candidate is found. The Board and Staff discussed the recommendation including (a) how long this department has had the vacancies that exist; (b) the impact to granting premium pay for certifications in relation to other County Departments; (c) the definitions of certifications vs. professional licenses; (d) the Board’s ability to offer premium pay for certifications and non-professional licenses under the Premium Pay Resolution; and (e) the elimination of an Assistant Civil Engineer position and its impact on the Department. The Board and Staff continued to discuss this recommendation in detail and at length. A motion was made by Supervisor Arcularius and seconded by Supervisor Cash granting the premium pay, which was withdrawn after further discussion. Several other versions of a motion were discussed, with no motions forthcoming. The Chairperson, at the request of Supervisor Arcularius, postponed further discussion of this item until after the lunch recess, and at the request of Supervisor Cash took the following item under consideration prior to the adjournment.

Planning Comm./ 2 nd District Appointment

Mr. Sam Wasson, Third District Planning Commissioner, offered his comments on the previous discussion. Supervisor Cash reviewed her request to appoint Cynthia Little as the Second District Planning Commissioner. Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Ms. Cynthia J. Little as the Second District Planning Commissioner to complete an unexpired four-year term ending January 4, 2009. Motion carried unanimously, with Supervisor Brown absent.

Recess/ Reconvene

The Chairperson recessed the regular meeting at 12:00 p.m., to reconvene at 1:00 p.m., with all Board Members present, except Supervisor Brown.

P.W.-Personnel/ Premium Pay

The Board and Staff continued their discussions on the request to authorize premium pay for positions in the Public Works Department. Mr. Chegwidden provided the Board with more concise information regarding the pay for the positions being recommended, with Supervisor Arcularius requesting that prior to considering offering premium pay for certifications and non-professional licenses that further information needed to be provided. The following motion was made, amended and restated in the original format after a lengthy discussion which included the number of vacancies in the Public Works Department and whether limiting the premium pay to only the professional licensed positions would provide a benefit in the recruitment process. Moved by Supervisor Arcularius and seconded by Supervisor Cash to pay 10% premium pay to professional licensed engineers employed by the County of Inyo, per Resolution No. 2007-22 ‘Inyo County Premium Pay Resolution’ and direct Staff to agendize a discussion and provide an analysis of its impact, on premium pay for employees having non-professional licenses and certifications during this year’s budget hearings. Motion carried unanimously, with Supervisor Brown absent.

Resol. #2007-33/Resolution Declaring Local Emergency

The County Administrator provided the Board with an amended resolution and declaration regarding the existence of a local emergency as a result of the Inyo Complex Fire. He explained that in conversations with the State Office of Emergency Services they had requested a couple of minor changes to the initial resolution. Mr. Juliff explained that the resolution requests the Governor to declare a State Emergency and that the Board’s action will open the door for the County to obtain State OES funds to defray the costs of re-establishing the Independence Town Water System, the reservoir and to help pay for the suppression costs incurred by the County. The Board took the opportunity to thank Mr. Juliff, his Deputy County Administrator, Mr. Kevin Carunchio, as well as the other County employees who offered aid and assistance during this emergency. On a motion by Supervisor Cash and a second by Supervisor Cervantes, Resolution No. 2007-33, entitled “A Resolution of the Board of Supervisors, County of Inyo, State of California, Approving the Declaration by the Inyo County Director of Emergency Services, Proclaiming the Existence of a Local Emergency” was approved: motion unanimously passed and adopted, with Supervisor Brown absent.

Board Members and Staff Reports

The Board Members reported on their activities during the preceding week, focusing on their involvement in the recent Inyo Complex Fire, as well as the Standing Committee Meeting, and rescheduling the Budget Workshop from this Thursday, to Thursday, August 2, 2007.

Closed Session

The Chairperson recessed open session at 1:50 p.m., to convene in closed session, with all Board Members present, except Supervisor Brown, to discuss Agenda Item No. 9. 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 3:20 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 3:20 p.m., in honor of the firefighters, volunteers and individuals who assisted during the Inyo Complex Fire. The Chairperson adjourned the meeting to 9:00 a.m., Tuesday, July 17, 2007, in the Board of Supervisors Room, at the County Administrative Center, in Independence.