File #: 2021-1996    Version: 1 Name:
Type: Closed Session Status: CS Item Heard
File created: 11/9/2021 In control: BOARD OF DIRECTORS
On agenda: 11/17/2021 Final action: 11/17/2021
Title: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(4)
Attachments: 1. Agenda Report, 2. Memo re CA Department of Tax and Fee Administration_Board 11-17-21, 3. Memo re USS Cal Builders Inc_Board 11-17-21
Related files: 2021-1979

FROM:                     James D. Herberg, General Manager

 

SUBJECT:

 

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CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)

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recommendation

RECOMMENDATION:  Convene in Closed Session:

Number of Potential Cases:  2

 

A.       Potential litigation - Initiation of Litigation - Claim against California Department of Tax and Fee Administration, for reimbursement of sales tax paid on chemical purchases.

 

B.       Potential litigation - Initiation of Litigation - Claim against USS Cal Builders Inc. for pipeline repair costs.

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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