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HomeMy WebLinkAboutResolution No. 5480 0 RESOLUTION NO. 548 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 FEBRUARY 6, 1989, 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, discusssion 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 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 or City is a party. The title of this litigation is CITY V. SOUTHERN CALIFORNIA EDISON; MARCH CHAPIN JOHNSON TRUST AND JAMES FERRIVO; THOMPSON V. CITY. SECTION 3. The City Council and Board of Directors shall recess to closed session to confer with its attorneys with respect to two confidential matter 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 such litigation exists for FRANK ULLRICH AND EUGENE F. MOSES. SECTION 4. 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(c) in order to decide whether to initiate litigation. SECTION 5. 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 the acquisition and/or sale of the following described real property from or to the parties noted: RANCH CENTER, on Alosta, WEST VENTURE DEVELOPMENT COMPANY; North West corner of Paramount and Virginia, CALIFORNIA INSTITUTE OF TECHNOLOGY. -1- 0 0 SECTION 6. 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 7. 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 interest 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 S. The City Clerk and Secretary shall certify the adoption of this Resolution. 1989. PASSED, APPROVED AND ADOPTED this MAYbWCHAIRMAN 6th day of February, 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 6th day of February, 1989, by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/BOARDMEMBERS: NOES: COUNCILMEMBERS/BOARDMEMBERS: ABSENT: COUNCILMEMBERS/BOARDMEMBERS: CITY C, RK/SECRETALLY' -2- AVILA, MOSES NONE NARANJO STEMRICH, LATTA