HomeMy WebLinkAboutResolution No. 268RESOLUTION NO. 268
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 MAY 5, 1986,
PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE
SECTION 54957 AND MAKING FINDINGS PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a), (b) AND
(c)
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 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 Lyte v. Azusa CRA.
SECTION 3. The City Council 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(b) in order to
discuss potential litigation and is hereby of the opinion
that a substantial exposure to litigation exists with
respect to Benchmark Group.
SECTION 4. The City Council 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 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
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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 6. The City Clerk and Secretary shall
certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of
May 1986 .
CI
L / azIMAYOR/CHAIRRMMANN
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 5th day of
May 1986 , by the following vote of the
Council:
AYES: COUNCILMEMBERS/BOARDMEMBERS: AVILA, COOK, CRUZ,
LATTA, MOSES
NOES: COUNCILMEMBERS/BOARDMEMBERS: NONE
ABSENT: COUNCILMEMBERS/BOARDMEMBERS: NONE
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