HomeMy WebLinkAboutResolution No. 235RESOLUTION NO. 235
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 JANUARY 6,
1986, 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
potential litigation, discussion of matters with the City's
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 and Board of Directors
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 litigation which has been initiated
formally and to which the Agency is a party. The title of
this litigation is Spiritual Psychic Science Church of
Truth, Inc v. City of Azusa (City) and City of Azusa et al
v. Southern California Edison Co.
SECTION 3. The City Council and 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 potential litigation and is
hereby of the opinion that a substantial exposure to
litigation exists with respect to a Waste -to -energy plant
(Miller Brewing Co. and Azusa Energy Systems Inc.) and
Fiberfuel Products Inc.
SECTION 4. The City Council and Board of Directors
shall recess to closed session pursuant to Government Code
Section 54956.8 to give instructions to the City's and
Agency's negotiator regarding negotiations for acquisition
of real property at the following locations and from the
following owners 960 E. Guillard, Dennis W. King (City);
614-620 N. Azusa Ave. Zodilla, Robert and Dorothy Singleton
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(Agency); 229 S. Azusa Av., 214,220 &224 S. San Gabriel,
Jack Nourafshan, Trustee for Commonwealth Resources
(Agency).
SECTION 5. The City Council and Board of Directors
shall reczss to closed session to consider personnel matters
pursuant to Government Code Section 54957 relating to the
appointment, evaluation, dismissal, and charges against
certain employees.
SECTION 6. In connection with the litigation
matters discussed above, the Board of Directors specifically
finds that:
A. Discussion of the litigation matters described
above in open session would be prejudicial to the
interests of the 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 Agency's adversaries and
allow them to negotiate a settlement of the matters
adverse to the Agency; and
B. It has received a confidential letter from the
Agency Attorney pursuant to Government Code Section
54956.9 describing the grounds and the authority
for the closed session.
SECTION 7. The City Clerk and Secretary shall
certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this6th day of January
1986.
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 6thday of January
1986, by the following vote of the Council:
AYES: COUNCILMEMBERS/BOARDMEMBERS: CRUZ, COOK, CAMARENA,
LATTA, MOSES
NOES: COUNCILMEMBERS/BOARDMEMBERS: NONE
ABSENT: COUNCILMEMBERS/BOARDMEMBERS: NONE
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