County of Inyo

Board of Supervisors

SPECIAL MEETING

The Board of Supervisors of the County of Inyo, State of California, met in special session at the hour of 8:00 a.m., on Monday, October 30, 2006, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:   Chairperson Susan Cash presiding, Linda Arcularius, Ted Williams, and Richard Cervantes.   Supervisor Bilyeu was absent.   Supervisor Cervantes provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance.

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 and there were no reports forthcoming.

Closed Session

The Chairperson recessed open session at 8:01 a.m., to convene in closed session with all Board Members present, except Supervisor Bilyeu to discuss Agenda Item No. 3.   CONFERENCE WITH LEGAL COUNSEL–EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)] Samuel L. Garcia V. County of Inyo, Inyo County Superior Court Case No. SICVCV 05-38559.

Report on Closed Session

The Chairperson recessed closed session at 8:40 a.m., to reconvene in open session to receive a report on closed session.   County Counsel reported that with regard to Agenda Item No. 3. CONFERENCE WITH LEGAL COUNSEL–EXISTING LITIGATION [Pursuant to Government Code Section 54956.9(a)] - Samuel L. Garcia V. County of Inyo, Inyo County Superior Court Case No. SICVCV 05-38559,which is a lawsuit by Samuel Garcia and his wife against the County regarding a single vehicle rollover accident, alleging a dangerous condition of public property, i.e. skin patches on Coso Road, which allegedly caused the driver to loose control, flipping the vehicle four times, ejecting the driver and rendering him a paraplegic.   With the trial having commenced on October 24, 2006,   the Plaintiff’s Counsel had contacted the County’s Attorney on Saturday, October 28, 2006, indicating that the Plaintiffs did not want to proceed with the case and made an offer to settle with the County.   Negotiations ensued and Plaintiffs made a final offer to settle this matter for $50,000 and to terminate the trial.   Supervisors Arcularius, Cash, Williams and Cervantes voting yes, and with Supervisor Bilyeu absent, voted to accept the offer and directed that the County’s Attorney to file the final settlement documents.

Adjournment

The Chairperson adjourned the special meeting at 8:40 a.m.