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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 />FROM: Start T. Yamamoto, City Attorney <br />SUBJECT: Closed Session - Existing Litigation [Government Code §54956.9(a)] <br /> [ 1 ] Case - Robert Toegemann v. City of Redwood City. <br /> <br />A closed session will be held on February 2, 2004, for the purpose of conferring with <br />and/or receiving advice from your legal counsel concerning existing litigation. Based on <br />existing facts and circumstances and the advice of its legal counsel, the City Council <br />believes there is a significant exposure to litigation. [Gov't. Code §54956.9(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 <br />this closed session. If the City Council authorizes initiation or intervention, such <br />authorization shall be disclosed immediately following this closed session and the public <br />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: February 2, 2004. <br /> <br /> tan T. Yama <br /> City Attorney <br /> <br /> <br />