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DATE: March 23, 2004 <br />ITEM No.: 4 <br /> <br />MEMORANDUM FROM THE CITY ATTORNEY CONCERNING A CLOSED <br />SESSION BEFORE THE CITY COUNCIL OF THE CITY OF RIVERSIDE <br /> <br />TO: Honorable Mayor and Members of the City Council <br />FROM: Gregory P. Priamos, City Attorney <br />SUBJECT: Closed Session - Anticipated Litigation [Government Code §54956.9] <br /> [ 1 ] Cases Anticipated <br /> <br />A closed session will be held on March 23, 2004, for the purpose of conferring with <br />and/or receiving advice from your legal counsel concerning anticipated litigation. <br />Based on existing facts and circumstances and the advice of its legal counsel, the City <br />Council believes there is a significant exposure to litigation. [Gov't. Code <br />54956.9(b) ( I)] <br /> <br />The facts and circumstances known to potential plaintiffs are as follows: <br /> <br /> 1. Claim pursuant to the Tort Claims Act in the matter of: <br /> E. Miller v. City of Riverside <br /> <br />If the City Council authorizes the City Attorney to defend, or seek or refrain from <br />seeking appellate review or relief, this determination shall be disclosed immediately <br />following this closed session. If the City Council authorizes initiation or intervention, <br />such authorization shall be disclosed immediately following this closed session and the <br />public advised that the action, defendants and other particulars may be disclosed upon <br />request after the action is formally commenced. [Gov't. Code §54957. 1(a)(2)]. <br /> <br />If the City Council accepts a settlement offer signed by the opposing party, the <br />substance of the settlement shall be disclosed immediately following this closed <br />session. [Gov't. Code §54957. l (a)(3)(A)] <br /> <br />Any disclosures shall include the vote or abstention of each member. <br /> <br />DATED: March 15, 2004 <br /> <br /> . Priamos <br /> City Attorney <br /> <br />CA#03-0646 <br /> <br />O:\Cycom\WPDocs\D015\P002\00026387.WPD <br /> <br />4 <br /> <br /> <br />