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<br />MEMORANDUM FROM THE CITY ATTORNEY <br />CONCERNING A CLOSED SESSION BEFORE <br />THE CITY COUNCIL OF THE CITY OF REDWOOD CITY <br /> <br />TO: Honorable Mayor and Members of the City Council <br /> <br />FROM: Stan T. Yamamoto, City Attorney <br /> <br />SUBJECT: Closed Session - Anticipated Litigation [Government Code 954956.9 (b)(1) <br /> <br />Case Name: iPass, Inc. <br /> <br />A closed session will be held on September 8, 2008, at 5:30pm, for the purpose of conferring <br />with and/or receiving advice from your legal counsel concerning anticipated litigation. Based on <br />existing facts and circumstances and the advice of its legal counsel, the City Council believes <br />there is a significant exposure to litigation. [Gov't. Code 954956.9(b)(1)] <br /> <br />If the City Council authorizes the City Attorney to defend, or seek or refrain from seeking <br />appellate review or relief, this determination shall be disclosed immediately following this closed <br />session. If the City Council authorizes initiation or intervention, such authorization shall be <br />disclosed immediately following this closed session and the public advised that the action, <br />defendants and other particulars may be disclosed upon request after the action is formally <br />commenced. [Gov't. Code 954957.1(8)(2)]. <br /> <br />If the City Council accepts a settlement offer signed by the opposing party, the substance of the <br />settlement shall be disclosed immediately following this closed session. [Gov't. Code <br />954957.1(a)(3)(A)]. <br /> <br />Any disclosures shall include the vote or abstention of each member. <br /> <br />Dated: Septemeber 8, 2008 <br /> <br />~;;~~d~~-'-~ <br /> <br />Assistant City Attorney <br />