File #: 2022-2691    Version: 1 Name:
Type: Closed Session Status: CS Item Not Heard
File created: 12/7/2022 In control: BOARD OF DIRECTORS
On agenda: 12/15/2022 Final action: 12/15/2022
Title: CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(1)
Attachments: 1. Agenda Report, 2. CS-4A GC Memo re Bayside Village CEQA Existing Litigation Board 12-15-22, 3. CS-4B GC Memo re Bayside Village Eminent Domain Existing Litigation Board 12-15-22
Related files: 2022-2684

FROM:                     James D. Herberg, General Manager

 

SUBJECT:

 

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CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(1)

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recommendation

RECOMMENDATION:  Convene in Closed Session:

Number of Cases:  2

 

A.       Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the State of California for the County of Orange - Central Justice Center Case No. 30-2021-01194238-CU-WM-CXC.

 

B.                       Orange County Sanitation District, a public entity v. Bayside Village Marina, LLC, a limited liability company; Laguna Beach County Water District, a public entity; and Does 1-100, inclusive; and all Persons Unknown Claiming an Interest in the Property, Superior Court of California, County of Orange, Case No. 30-2022-01251890.

 

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BACKGROUND

 

During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters.

 

Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection.  At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information.

 

RELEVANT STANDARDS

 

                     Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted

 

ATTACHMENT

The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:

 

                     Memoranda from General Counsel