HomeMy WebLinkAboutResolution No. 278RESOLUTION NO. 278
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 JUNE 16, 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
discussions 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's 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 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 or City is
a party. The title of this litigation is LYTE v. CRA.
SECTION 3. The City Council shall recess
to closed session to confer with its attorneys with respect
to confidential matters within the attorneyclient 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 YOUNG IL KIM.
SECTION 4. The City Council and Board of
Directors shall recess 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 5. In connection with the litigation
matters discussed above, the City Council and Board of
Directors specifically find 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
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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 6. The City Clerk and Secretary shall
certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day
of June, 1986.
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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 June, 1986, by the following vote of the Council/
Agency:
AYES: COUNCILMEMBERS/BOARDMEMBERS:
NOES: COUNCILMEMBERS/BOARDMEMBERS:
AVILA,
LATTA,
NONE
ABSENT: COUNCILMEMBERS/BOARDMEMBERS: COOK
CRUZ,
MOSES