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SR-0 (62) CA:F:atty\memo\ccmemo.frm City Council Meeting 12-21-93 Santa Monica, California CLOSED SESSION OPINION MEMORANDUM TO: Mayor and City Council FROM: Joseph Lawrence, Acting city Attorney SUBJECT: Necessity for Closed Session on December 21, 1993 The Brown Act was recently amended to provide more specific standards for holding closed sessions for pending litigation. The new changes are contained in Government Code section 54956.9. Under Government Code section 54956.9, the city Council, based upon the advice of its legal counsel, may hold a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the city in litigation. The section requires that the legal counsel submit to the legislative body a memorandum stating the specific reason and legal authority for the closed session. The memorandum, if feasible, should be submitted to the legislative body prior to the closed session, but in no event later than one week after the closed session. In connectlon with the closed session on December 21, 1993, the following specific cases will be considered in closed session: 1- Monica. citizens for a Better Civic Center v. city of Santa The legal authority for holding a closed session on the threatened litigation outlined above is contained in Government Code Section 54956.9(b) (1). Based upon existing facts and circumstances, it is our opinion that there is a significant exposure to litigation against the City. CA:f:atty\muni\memo\cclist city council Meeting 12-21-93 Santa Monica, California LIST OF PENDING CASES TO BE CONSIDERED IN CLOSED SESSION l. Monica. Citizens for a Better Civic Center v. C.l.ty of Santa The legal authority for this closed session is Government Code section 54956.9(b) (1).