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<br />MEMORANDUM FROM THE CITY ATTORNEY CONCERNING A CLOSED <br />SESSION BEFORE THE BOARD OF PUBLIC UTILITIESOF THE CITY OF RIVERSIDE <br />TO: Honorable Chairperson and Board Members <br /> <br />FROM: Phaedra A. Norton, City Attorney <br /> <br />SUBJECT: Closed Session - Existing Litigation \[Government Code §54956.9(d)(1)\] <br />Name of Case(s):Cities of Anaheim, Azusa, Banning, Colton, Pasadena <br />and Riverside, California v. Federal Energy Regulatory <br />Commission <br />U.S. Court of Appeals, D.C. Circuit, No. 20-1236, <br />Consolidated with No. 20-1239 <br /> <br />A closed session will be held on September 27, 2021, for the purpose of conferring with <br />and/or receiving advice from your legal counsel concerning litigation which has been <br />formally initiated to which the City of Riverside is a party. \[Government Code <br />§54956.9(d)(1)\] <br />The City Attorney will provide you with a status report on this particular case. <br />If the Board of Public Utilities authorizes the City Attorney to defend or seek or refrain from <br />seeking appellate review or relief, the parties and substance of the litigation shall be <br />reported in open session at the public meeting during which the closed session is held. If <br />the Board of Public Utilities authorizes initiation or intervention, such authorization shall <br />also be reported and the public advised that the action, defendants and other particulars <br />may be disclosed upon request after the action is formally commenced. \[Government Code <br />§54957.1(a)(2)\] <br /> <br />If the Board of Public Utilities accepts a settlement offer signed by the opposing party, the <br />substance of the settlement shall be reported at the public meeting during which the closed <br />session is held. \[Government Code §54957.1(a)(3)(A)\] <br /> <br />Any disclosures shall include the vote or abstention of each member. <br /> <br />Dated: September 7, 2021 <br /> <br />Prepared by: Phaedra A. Norton <br /> City Attorney <br />