Special Meeting - Town of Atherton [PDF]

Sep 20, 2006 - Claimnant: Min Katrina Lieskovsky. Agency Claimed Against: Town of Atherton. B. CONFERENCE WITH LEGAL COU

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Idea Transcript


MINUTES Town of Atherton CITY COUNCIL/ATHERTON CHANNEL DRAINAGE DISTRICT September 20, 2006 5:30 P.M. Meeting Room Town Administrative Offices 91 Ashfield Road Atherton, California

Special Meeting The meeting was called to order at 5:45 p.m. ROLL CALL PRESENT:

James R. Janz Jerry Carlson Alan B. Carlson Charles E. Marsala Kathy McKeithen

PUBLIC COMMENTS There were no public comments. CLOSED SESSION A.

LIABILITY CLAIMS – pursuant to Government Code Section 54956.95 Claimant: Pasquale Exposito Agency Claimed Against: Town of Atherton Claimant: Giselle McKeller Agency Claimed Against: Town of Atherton Claimnant: Min Katrina Lieskovsky Agency Claimed Against: Town of Atherton

B.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to subsection (b) of Government Code Section 54956.9: Town of Atherton City Council Minutes, Special Meeting September 20, 2006 Page 1 of 2

One (1) potential case C.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to subsection (c) of Government Code Section 54956.9: Three (3) potential cases

D.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to subsection (b) of Government Code Section 54956.8: Property: 49 McCormick Lane Agency Negotiator: James H. Robinson, City Manager

RECONVENE TO OPEN SESSION Report of action taken. City Attorney Marc Hynes reported out of Closed Session as follows: Item A, Liability Claims, no reportable action regarding claimants Pasquale Exposito and Giselle McKeller. The claim brought forth by Min Katrina Liekovsky was denied. Item B, Significant Exposure to Litigation, there was no reportable action. The City Council discussed the matter with legal counsel and directed preparation of a draft Resolution that the Council would consider during the regular meeting. The Resolution immediately rescinded, revoked and terminated the excavation surcharge (off-haul fee) enacted by Resolution 05-34. The Resolution also provided for refunding excavation surcharges received by the Town. Item C, Initiation of Litigation, the City Attorney was authorized to commence litigation in two matters. Upon filing of the copmplaints, information regarding the names of the defendants and/or addresses of the [property would e made available. Item D, Property Negotiations, direction was given to the Agency Negotiator, James H. Robinson, relative to acquisition rights for pedestrian and vehicular access regarding the property at 49 McCormick Lane.

Town of Atherton City Council Minutes, Special Meeting September 20, 2006 Page 2 of 2

ADJOURN The Special Meeting adjourned at 6:30 p.m.

Respectfully submitted,

_____________________ Charles E. Marsala Mayor

Minutes Prepared by: Kathi Hamilton

Town of Atherton City Council Minutes, Special Meeting September 20, 2006 Page 3 of 2

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