File #: 2023-3169    Version: 1 Name:
Type: Closed Session Status: CS Item Heard
File created: 8/16/2023 In control: BOARD OF DIRECTORS
On agenda: 8/23/2023 Final action: 8/23/2023
Title: CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(D)(2)
Attachments: 1. Agenda Report, 2. CS-2A Board CS Memo re Watt Tieder Claim 8-23-23, 3. CS-2B Board CS Memo re Smutts Claim 8-23-23
Related files: 2023-3159

FROM:                     Robert Thompson, General Manager

 

SUBJECT:

 

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CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)

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recommendation

RECOMMENDATION:  Convene in Closed Session:

Number of Potential Cases: 2

 

A.     Claim/Demand Letter received from Watt Tieder, on behalf of PCL Construction, Inc., re: Contract No. P2-98A for Project A-Side Primary Clarifiers Replacement at Plant 2.  Claim regarding a Change Order Proposal RFC No. 44; and

 

B.     Claim/Compensation Request received from Carolyn Smuts re: Property Damage at 22202 Cape May Lane, Huntington Beach, CA 92646.

 

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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) are included in hard copy and may also be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:

 

                     Memoranda from General Counsel