HomeMy WebLinkAboutResolution No. 234E
RESOLUTION NO. 234
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA AND THE BOARD OF DIRECTORS OF
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
TO RECESS TO CLOSED SESSION ON DECEMBER 16,
1985, PURSUANT TO THE PROVISIONS OF GOVERNMENT
CODE SECTION 54957 AND MAKING FINDINGS PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(a) AND (b)
THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD
OF DIRECTORS OF THE AZUSA REDEVELOPMENT AGENCY DO HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Closed sessions of the City Council and
Board are permitted for various purposes pursuant to
Government Code Section 54957 for the purposes of discus-
sions with the City or Agency Attorney of matters within the
attorney-client privilege relating to litigation and
or Agency's authorized labor representative, discussion of
personnel matters relating to the appointment, evaluation,
dismissal, or charges against an employee, or to give
instructions to the City's or Agency negotiator regarding
the purchase, sale, exchange, or lease of certain property,
among others. It is the policy of the City Council and the
Board of Directors to strictly adhere to the requirements of
the Brown Act (the California Public Meeting Act) and to
only recess to closed session when absolutely necessary.
SECTION 2. The City Council shall recess to closed
session pursuant to Government Code Section 54956.9(a) to
confer with its attorneys with respect to confidential matters
within the attorney-client privilege regarding pending liti-
gation which has been initiated formally and to which the City
is a party. The title of this litigation is City of Azusa v.
Southern California Edison.
SECTION 3. The Board of Directors shall recess to
closed session to confer with its attorneys with respect to
confidential matters within the attorney-client privilege pursuant
to Government Code Section 54956.9(b) in order to discuss potiential
litigation and is hereby of the opinion that a substantial exposure
to litigation exists with respect to
Messenger Investments Company v. Azusa Redevelopment Agency.
SECTION 4. In connection with the litigation matters
discussed above, the City Council and Board specifically finds
that:
A. Discussion of the litigation matters described
above in open session would be prejudicial to the
interests of the City and Agency in that matters
within the attorney-client privilege will be
discussed and disclosure of such discussions would
violate and waive the attorney-client privilege and
would give an unfair advantage to the City's and
Agency's adversaries and llow them to negotiate a
settlement of the matters adverse to the City and
Agency; and
B. It has received a confidential letter from the
City and Agency Attorney pursuant to Government
Code Section 54956.9 describing the grounds and the
authority for the closed session.
SECTION 5. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of December
1985.
/. O
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Azusa and
the Board of Directors of the Azusa Redevelopment Agency, at
a regular meeting thereof, held on the 16th day of December,
1985, by the following vote of the Council/Agency:
AYES: COUNCILMEMBERS/BOARDMEMBERS: CRUZ, COOK, CAMARENA,
LATTA, MOSES
NOES: COUNCILMEMBERS/BOARDMEMBERS: NONE
ABSENT: COUNCILMEMBERS/BOARDMEMBERS: NONE
C TY CLERK
-2-