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County
of Inyo
Board
of Supervisors
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The Board of Supervisors of the
County of Inyo, State of California, met in regular session at the hour of 9:00
a.m., on Tuesday, January 11, 2005,
in the Board of Supervisors Room, County Administrative Center, Independence,
with the following Supervisors present: Chairperson
Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard
Cervantes. Supervisor Cervantes
provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance.
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Public
Comment
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The
Chairperson announced the public comment period.
Mr. Park Hoover informed the Board that he and his wife were in the
audience and prepared to respond to questions regarding the RFP for the
Big Pine Care facility.
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County
Dept. Reports
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The
Chairperson announced the County Department Report period. The County Administrator informed the Board that due
to severe weather conditions on Friday, January 7, 2004, in the interest
of Staff safety, he had called a snow day, which in effect closed County
offices except for the 24-hour facilities.
Mr. Mendez went on to report on the Avalanche Program and
evacuation efforts for the residents in the Aspendell area. Mr. Mendez also reported on an avalanche in the South Fork
area, which had stranded several families.
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BofS/Election
of Officers
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The
Chairperson turned the meeting over to the Clerk of the Board for the
election of officers. The
Clerk called for nominations for Chairperson.
Supervisor Arcularius nominated Supervisor Williams and the
nomination was seconded by Supervisor Cash.
The Clerk closed the nominations and called for a motion to elect.
Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to
elect Supervisor Ted Williams, Chairperson.
Motion
carried unanimously.
The
Clerk called for nominations for Vice Chairperson.
Supervisor Bilyeu nominated Supervisor Cash and the nomination was
seconded by Supervisor Cervantes. The
Clerk closed the nominations and called for a motion to elect.
Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to
elect Supervisor Susan Cash as Vice Chairperson.
Motion carried unanimously. The
Clerk turned the meeting over to the Chairperson.
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BofS/Stewart
Valley Roads
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Mr.
and Mrs. Walter Rudolf representing the Stewart Valley Estates Home Owners
Association addressed the Board. They
updated the Board with a brief history of their requests for repair of the
roads in the Stewart Valley area, most especially the Ash Meadows Road.
Mrs. Stewart confirmed that at least half of the Ash Meadows Road
is located in Nevada. Mr. Jeff Jewett, Public Works Director, provided additional
information and further clarification on the Stewart Valley roads.
The Board, Staff and the Rudolf’s continued to discuss the
options, with the County Administrator suggesting that Staff write a
letter to Nye County to open a dialog regarding the possibility of them
maintaining the road. The
Board concurred with the recommendation and requested that Staff keep the
Rudolf’s informed as the process moves forward.
Mr. Jewett then informed the Board that he had been in contact with
Nye County regarding the road. He
explained that they are facing the same fiscal constraints as Inyo County
and did not volunteer to take on the responsibility of Ash Meadows.
The County Administrator highlighted joint projects explaining that
Inyo and Nye are working together on an OES mutual aid agreement.
Moved by Supervisor Bilyeu and seconded by Supervisor Cash to
appoint Supervisor Cervantes to work with Staff to meet with
representatives of Nye County Nevada to research alternatives and
operations available for the maintenance of Ash Meadows Road.
Motion
carried unanimously.
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Planning/Parcel
Merger 2004-05
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve
Parcel Merger No. 2004-05, as recommended by the Planning Commission.
Motion carried unanimously.
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Probation/Fire
Alarm Testing
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Moved
by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the
amended Contract between the County of Inyo and Siemens Fire Safety
Division to provide quarterly inspections and testing of the fire alarm
system for the Juvenile Center for the revised coverage period of January
1, 2005 through December 31, 2005; and authorize the Chairperson to sign.
Motion carried unanimously.
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P.W./Big
Pine Care Facility RFP
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The
Board and Staff discussed the proposal for the lease and development of
the Big Pine Care Facility. Mr.
and Mrs. Hoover of QOLA responded to questions from the Board, explaining
that their proposal is to establish a facility where the adult handicapped
could participate in the many outdoor recreational opportunities
available. They confirmed
that initially they are looking at 5-acres, with the hopes of utilizing
the entire 80-acres. Supervisor
Bilyeu expressed a desire to ensure that public meetings are held prior to
the Board taking final action on a lease for the property.
Staff clarified that the recommendation being considered today,
provides the Board the opportunity to meet in closed session to provide
direction to Staff regarding the parameters of the lease and specific
items to be negotiated. Mr. and Mrs. Hoover expressed their concern with protecting
the facility from any further damage and deterioration and stressed that
the County move forward as soon as possible.
Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to
direct the Public Works Department in conjunction with the Office of
County Counsel to open the negotiation process to develop a lease between
the County of Inyo and the Quality of Life Association (QOLA) for the
lease and development of the former Big Pine Care facility. Motion
carried unanimously.
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Sheriff/Salary
Increase
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The
Board and Staff discussed the request to adopt an ordinance increasing the
salary for the Sheriff. A
motion enacting the ordinance was made by Supervisor Arcularius and
seconded by Supervisor Cash and after further discussion the motion and
second were withdrawn. Supervisors
Cash, Cervantes and Bilyeu expressed their support of law enforcement and
the Sheriff, but went on to say that they were concerned about approving
this increase and others that may come forward without a review of the
status of the County’s fiscal position.
Supervisor Arcularius suggested that rather than deny the request
that the Board postpone taking action until after mid-year budget review
which is scheduled for the last meeting in January.
Supervisor Arcularius also informed the Board that she has
requested that the mid-year budget include a discussion on reinstating the
2% COLA for the Department Heads.
Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu
that consideration of
an ordinance increasing the Sheriff’s salary be continued for
consideration after mid-year budget review.
Motion
carried unanimously.
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Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 10:15 a.m., reconvening at
10:30 a.m., with all Board Members present.
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Planning/Public
Hearing on G.P. Amend. Re Definitions for Gross Acreage and Net Acreage
Public
Hearing on G.P. Amend. Re Definitions for Gross Acreage and Net Acreage
Continued
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The
Chairperson opened the public hearing to consider a General Plan Amendment - Definitions of
“Gross Acreage” or “Gross Parcel Size” and “Net Acreage” or
“Net Parcel Size.” The
Planning Director, Ms. Leslie Klusmire reviewed the Staff Report and
recommendations in detail. At
the conclusion of her remarks, she requested that the Staff Report and
attachments be entered into the record and they were marked Exhibit A.
Mr.
J. Bassage addressed the Board to oppose Staff’s recommendations
regarding the proposed definitions and entered into the record a document
entitled “Declaration of James D. Bassage,” January 10, 2005,
including attachments, which was marked Exhibit B.
Mr.
Bassage also requested that the following be introduced and they were
marked accordingly:
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a
grouping of four letters opposing a change in the definition from himself,
Andrew C. Pucio, Paul Bedell and H. B. (“Lefty”) Irwin, were marked
Exhibit C;
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an
excerpt of the Land Use Element of the Inyo County General Plan, was
marked Exhibit D;
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an
excerpt of the State of California General Plan Guidelines, was marked
Exhibit E;
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excerpt
of the State of California General Plan Guidelines 2003, was marked
Exhibit F;
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excerpt
of the “Practice Under the California Environmental Quality Act,” was
marked Exhibit G;
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a
map of the McLaren area, was marked Exhibit H;
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a
map of the McLaren Subdivision, was marked Exhibit I;
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a
January 11, 2005, letter from Joan Lewis, was marked Exhibit J;
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a
January 11, 2005 letter from Joan Lewis, plus attachments was marked
Exhibit K.
Mr. Andy Holmes of Triad Engineering supported Staff’s
definition. Mr. Steve Place,
Mr. Harry Peterson, Mr. Steve Stephens, and Mr. Lefty Irwin, addressed the
Board to support the current definition.
Mr. Dick Noles addressed the Board to provide clarification on how
utility easements are controlled. The
Chairperson closed the public hearing and recessed the regular meeting at
1:00 p.m., reconvening in open session at 1:40 p.m., with all Board
Members present.
The
Board and Staff continued to discuss the parameters for defining gross
acreage or gross parcel size and net acreage or net parcel size.
Assistant County Counsel, Randy Keller, provided further
explanation on the definitions. A
motion was made by Supervisor Arcularius and seconded by Supervisor Bilyeu
to adopt a definition that would subtract or deduct out public roads only
as to the past practice of the County.
The Motion failed on a two-to-three vote, with Supervisors
Arcularius and Bilyeu voting yes, and with Supervisors Cash, Cervantes and
Williams, voting no.
Moved
by Supervisor Arcularius and seconded by Supervisor Cash that Staff come
back with language that addresses the deduction of public roads and the
deduction of private driveways or rights of way that provide access to
other properties. Motion
carried unanimously.
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Planning/Core
Appeal
Planning/Core
Appeal Continued
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The
Chairperson opened the public hearing at 1:55 p.m., to consider the appeal
by J. Bassage et al., 306 North Mountain View Road, of the December 1,
2004, Planning Commission decision to approve Tentative Parcel Map No.
357/Core.
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Planning
Department Staff reviewed the Staff Report and recommendation in detail
and at the conclusion of their remarks requested that the Staff Report and
all attachments be entered into the record and they were marked Exhibit A.
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Staff
also requested that the following be entered into the record and they were
marked accordingly: a December 28, 2004 letter from Mr. and Mrs. Core
supporting Staff’s recommendations was marked Exhibit B;
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a
group of three letters, two from the Core’s and one from Dr. and Mrs.
Michael McClay supporting Staff’s recommendations were marked Exhibit C;
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a
December 27, 2004 letter from Donald Sorenson opposing Staff’s
recommendation was marked Exhibit D.
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Supervisor
Cash provided the Board with copies of an email she had received from Ann
and John Fulton supporting the appeal and it was marked Exhibit E.
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Staff
requested that the Vesting Tentative Parcel Map No. 357 be entered and it
was marked Exhibit F.
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The
Chairperson requested that the Notice of Appeal in this matter be entered
and it was marked as Exhibit G.
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Ms.
Joan Lewis addressed the Board to support the appeal and oppose the
approval of the Core lot split. She
asked that photographs of the property be entered and they were marked
Exhibit H.
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Ms.
Lewis went on to present a letter from Nancy and Richard Perry, opposing
the lot split and it was marked Exhibit I.
Mr. Andy Holmes of Triad Engineering representing the
applicant and Mr. Dick Noles addressed the Board to support the Staff’s
recommendation to deny the appeal of the Core’s lot split.
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Mr. James Bassage, McLaren Resident addressed the Board to support the
appeal and asked that the following be entered into the record and they
were marked accordingly: January
10, 2005 Bassage letter was marked Exhibit J;
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except
of Chapter 9 of the General Plan Guidelines regarding zoning consistency
was marked Exhibit K;
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a
one page document with a statement regarding the general plan was marked
Exhibit L;
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an
excerpt of Chapter 18.27 of the Inyo County Code from 1989 was marked
Exhibit M;
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an
excerpt of Chapter 18.27 of the Inyo County Code from 1999 was marked
Exhibit N;
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a
four page document noted “ELIB:897” page 18 was marked Exhibit O;
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an
except of the Land Use Element of the County’s General Plan was marked
Exhibit P;
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page
166 of the General Plan Guidelines entitled “Hypothetical General
Plan/Zoning Compatability Matrix” was marked Exhibit Q; and
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an
except of the Mendocino County General Plan Land Use Element was marked
Exhibit R.
At the conclusion of his remarked Mr. Bassage asked that
his comments regarding the Net Acreage definition be incorporated as a
part of this record and the record was so noted.
Mr. Steve Stephens addressed the Board to ask about emergency
access and to oppose the lot split. Mr.
Dave Laverty, McLaren resident, supported the Staff’s recommendations
and discussed legal access versus practical access. Mr. Stephen Place, McLaren Resident, addressed the Board to
oppose the lot split and to question the applicants’ rights and/or the
Board’s rights to direct access via Old McLaren Road, which Mr. Place
said was a private road owned by the current property owners on the road.
A discussion ensued regarding the status of Old McLaren Road.
The Chairperson recessed the public hearing at 5:00 p.m.,
reconvening at 5:15 p.m., with all Board Members present.
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The Public Works Director, Mr. Jeff Jewett, requested that a letter
and the attachments from then Inyo County Assistant Director of Public
Works, Mr. Roger Glidden, which indicates Old McLaren Road was completed
in 1954 and is maintained as a County road be entered into the record and
it was marked Exhibit S.
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Ms. Gail Gribbon, McLaren Resident, opposed the lot split and asked
that her letter dated January 11, 2005, be entered into the record and it
was marked Exhibit T.
Mr. Harry Peterson, McLaren
Resident, opposed the lot split and Mr. Richard Liebersbach, the Core’s
Attorney, supported the lot split and indicated that the Core’s were
willing to waive their right to access the property from Old McLaren.
Mr. Lefty Irwin, McLaren Resident, opposed the lot split and Ms.
Shelly Vinatieri supported the lot split.
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Assistant County Counsel, Mr. Randy Keller submitted Resolutions
#87-64 and #81-113, which established no parking zones and a prima facie
speed limit for McLaren Lane and they were marked Exhibits U and V
respectively.
The Chairperson closed the public hearing at 6:00 p.m.
Moved
by Supervisor Arcularius and seconded by Supervisor Bilyeu to deny the
appeal and affirm the December 1, 2004, Planning Commission decision to
approve Tentative Parcel Map No. 357/Core and to add the condition that
the criteria has been met for legal access off a public road on Old
McLaren Lane and that access right be waived and make the emergency access
identified on the map a private access road.
Motion
carried unanimously.
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Announcement
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The
Chairperson announced that the Board would address the remaining timed
items and closed session items and that today’s Board Meeting was being
continued to 9:00 a.m., Wednesday, January 12, 2005, in order for the
Board to consider those remaining Agenda Items.
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Planning/Shain
Appeal
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The
Chairperson opened the public hearing at 6:30 p.m., to consider the appeal by J. Bassage et al.,
306 North Mountain View Road, of the December 1, 2004, Planning Commission
decision to approve Vesting Tentative Parcel Map No. 358/Schain.
The Planning Director reviewed the Staff Report and
recommendations. At the end
of her presentation, Ms. Klusmire requested that the Staff Report and the
attachments be entered into the record and they were marked Exhibit A.
She then requested that a letter from the applicant, as well as a
letter from Don Sorensen, the McClay email, the Fulton email, the Core
letter and the Perry letter also be entered and they were marked Exhibits
B, C, D, E, and F respectively. Ms.
Tanda Gretz of the Planning Department requested that the Notice of Appeal
be included and it was marked Exhibit H.
The Clerk requested that a written statement provided by Andy
Holmes be entered and it was read into the record and marked Exhibit I.
The Appellant, Mr. J. Bassage addressed the Board to request that all of
the testimony and exhibits he provided in the Core appeal be accepted as
testimony for this appeal and they were incorporated by reference and
marked in their entirety as Exhibit K (see Core Appeal file).
There being no one else from the public wishing to address this
issue, the Chairperson closed the public hearing at 7:00 p.m.
Moved
by Supervisor Arcularius and seconded by Supervisor Bilyeu to deny the
appeal and affirm the December 1, 2004, Planning Commission decision to
approve Vesting Tentative Parcel Map No. 358/Schain.
Motion carried unanimously.
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Recess/
Reconvene
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The
Chairperson recessed open session at 7:10 p.m., to reconvene at 7:35 p.m.,
with all Board Members present.
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P.W./Public
Hearing Hanger Rents and Tie Die Fee Increases
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The
Chairperson opened the public hearing at 7:40 p.m., on a proposed
ordinance repealing Inyo County Ordinance No. 989, and Inyo County
Resolution 85-31, and Increasing Hangar Rent and Tie Down Fees, at County
Airports. Public Works
Director, Mr. Jeff Jewett reviewed the Staff Report and recommendations
concerning the proposed increases in the Hanger Rents and Tie Down Fees.
There being no one from the public wishing to address this issue,
the Chairperson closed the public hearing at 7:55 p.m.
Moved by Supervisor Arcularius and seconded by Supervisor Cash to
waive the first reading of the ordinance and schedule the enactment for
10:05 a.m., February 16, 2005, in the Board of Supervisors Room, at the
County Administrative Center, in Independence.
Motion carried unanimously.
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Recess/
Reconvene
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The
Chairperson recessed the regular meeting at 7:55 p.m., to reconvene at
9:05 a.m., Wednesday, January 12, 2005, in the Board of Supervisors Room,
at the County Administrative Center, in Independence, with all Board
Members present.
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BofS/Report
on Forest Centennial
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Supervisor
Arcularius requested that her report on the U. S. Forest Service’s
Centennial Congress be reagendized for next week’s meeting.
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Planning Comm/ Cleland Appointment
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Moved
by Supervisor Cash and seconded by Supervisor Arcularius to appoint Ms.
Rosemary Cleland as the Second District Planning Commissioner, to complete
a four-year term ending January 4, 2009.
Motion carried unanimously.
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Probation/Flag-
Pole
at Juvenile Hall
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Supervisor
Bilyeu provided additional clarification on his request for the Board to
consider the installation of a flagpole at the Juvenile Hall.
The Public Works Director informed the Board that Staff had located
a used flagpole in the road yard, which is surplus.
The County Administrator, Mr. Rene Mendez, informed the Board that
the estimate to locate a flagpole at the Juvenile Hall is $1,000 for a new
pole and $800 to relocate the flagpole from the Office of Education
Building. Mr.
Jewett explained that he was recommending the Board authorize Staff to
refurbish the surplus pole for installation at the Juvenile Hall rather
than relocating the pole located at the old Office of Education Building
because the County is planning on utilizing that building and a flagpole
will be required there also. Mr.
Jewett informed the Board that the estimate to refurbish the surplus pole
is also $800. Supervisor
Arcularius requested that the placement of the pole be used as an
educational opportunity to teach the students at the Keith Bright School
about flag protocol. Moved by
Supervisor Bilyeu and seconded by Supervisor Cash to direct Staff to
refurbish and install the surplus flagpole identified by Staff at the
Juvenile Facility in an amount not to exceed $800.
Motion
carried unanimously.
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Emerg.
Serv./ EOP Approval
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The
County administrator explained that the Emergency Operations Plan is the
document used to implement the SIMS Plan. Mr. Mendez thanked Supervisor
Cash for her input explaining that Supervisor
Cash had identified several clerical errors contained in the document,
which he acknowledged, would be corrected.
The Board and Staff went on to discuss the EOP in detail with
additional clarifications being requested by the Board, which included
redefining the organization flow chart so that it is easier to follow.
The County Administrator informed the Board that a tabletop
exercise of the County’s OES operations is planned for January 20, 2005
and invited the Board to observe the exercise.
Moved by Supervisor Cash and seconded by Supervisor Bilyeu to adopt
the Emergency Operations Plan (EOP) and approve the Weapons of Mass
Destruction Annex to the EOP Plan as corrected and amended, and authorize
Staff to (promulgate) disseminate the information as appropriate.
Motion carried unanimously.
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P.W.-Town
Water System/Rate Workshop
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The
Chairperson recessed open session at 10:00 a.m., to convene in a workshop,
with all Board Members present to discuss and provide direction to Staff regarding the reliable
operation of the town water systems and the revenue needed to sustain the
operations. The Chairperson
recessed the workshop at 11:50 a.m., to reconvene the workshop at 1:47
p.m., with all Board Members present.
The Chairperson recessed the workshop at 3:50 p.m., to reconvene in
open session at 4:00 p.m., with all Board Members present.
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Ag.
Comm/ Results of MAD Fee Assessment
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The
Chairperson announced that the request by the Agriculture Commissioner to
A) accept the Opinion Research and Survey from Shilts Consultants, Inc.,
regarding the proposed increase of benefit assessment fees for Owens
Valley Mosquito Abatement Program; and B) authorize Staff to proceed with
the engineering report from Shilts Consultants, Inc., was being
reagendized for the January 18, 2005 Board Meeting.
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DA/Salary
Increase
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Mr.
Art Maillet, District Attorney, offered to have his request for
consideration of a salary increase for the District Attorney from $7,853
to $8,507 per month, postponed, similar to the Sheriff’s request, until
after mid-year budget review. He
explained that he had brought the request forward in order to meet the
deadline for consideration per the Board’s policy for compensation
review. The Board thanked the
District Attorney for his willingness to delay the discussion.
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Auditor/Account
Tech Position
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Moved
by Supervisor Cash and seconded by Supervisor Arcularius to waive the
hiring freeze and authorize the filling of an Account Technician II
position, at Range 59 ($2,532 - $3,078.)
Motion carried unanimously.
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Auditor/BPAR
position
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Moved
by Supervisor Cash and seconded by Supervisor Bilyeu to amend the
authorized strength by adding one BPAR Account Clerk I, position (20 -
29.99 hours) at Range 43A ($10.10 per hour) and authorize the recruitment
and filling of the position. Motion
carried unanimously.
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P.W./Statham
Hall & Museum Roof Repair RFP
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The
Board and Staff discussed the RFP’s warranty requirement and the need to
make it reasonable in order to promote responses.
Moved by Supervisor Bilyeu and seconded by Supervisor Cash to
approve the advertisement and issuance of a Request for Proposals (RFP)
for the evaluation and repair of the roofs at Statham Hall and the Eastern
California Museum, as amended to reflect a one-year warranty requirement.
Motion carried unanimously.
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BofS/Minute
Approval
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The
Assistant Clerk reviewed the process for minute approval when there is not
a quorum of the Board, explaining that the minutes are placed in the
Board’s records with a notation that due to lack of quorum the minutes
were not approved. Moved
by Supervisor Arcularius and seconded by Supervisor Williams to approve
the minutes of the Board of Supervisors meetings of A) December 7, 2004;
B) December 14, 2004; and C) the Special Meeting of December 13, 2004.
The motion failed on a two-to-zero vote, with Supervisors
Arcularius and Williams voting yes and with Supervisors Cash, Bilyeu and
Cervantes abstaining.
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CAO-Info
Serv./ Workshop
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The
Chairperson announced that the scheduled workshop on the County’s Information Technology would be
rescheduled to the January 18, 2005, Board of Supervisors meeting.
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Closed
Session
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The
Chairperson recessed open session at 4:20 p.m., to convene in closed
session to discuss Agenda Items No. 25.
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) -
Sousa
v. Ralston, Inyo County Superior Court Case No. 04-3772; No. 26.
PERSONNEL (Pursuant to
Government Code Section 54957) - Public Employee Appointment –
Title: Director of Public
Works; No. 27. PERSONNEL (Pursuant to
Government Code Section 54957) - Public Employee Appointment –
Title: Director of Water
Department; No. 28. PERSONNEL
(Pursuant to Government Code Section 54957) - Public Employee
Appointment – Title: Director
of Environmental Health; and No. 29.
PERSONNEL (Pursuant to
Government Code Section 54957) - Public Employee Appointment –
Title: County Administrative
Officer.
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Report
on Closed Session
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The
Chairperson recessed closed session at 7:45 p.m., to reconvene in open
session to receive a report on closed session.
County Counsel reported with regard to Agenda Item No. 25. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) -
Sousa
v. Ralston, Inyo County Superior Court Case No. 04-3772, this is an action for
alleged personal injury and violation of civil rights being brought by Mr.
Sousa against Mr. William Ralston, a County Building Inspector, the Board
by a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu
and Cervantes, voting yes, directed the Office of County Counsel to defend
William Ralston in this matter and authorized the County to indemnify him
in accordance with applicable lath. There
were no other items discussed in closed session, which were required by
law to be reported on in open session.
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Adjournment
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The
Chairperson adjourned the regular meeting at 7:45 p.m., to 9:00 a.m.,
January 18, 2005, in the Board of Supervisors Room, at the County
Administrative Center, in Independence.
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________________________________________
Chairperson,
Inyo County Board of Supervisors
Attest: RENÉ
L. MENDEZ
Clerk of the Board
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