HomeMy WebLinkAboutResolution No. 84950 0
RESOLUTION NO. 8495
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA TO RECESS TO CLOSED SESSION
ON AUGUST 1, 1988, PURSUANT TO THE PROVISIONS
OF GOVERNMENT CODE SECTION 54957 AND
AND MAKING FINDINGS PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a), and (b).
THE CITY COUNCIL OF THE CITY OF AZUSA DOES 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 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 litigation which
has been initiated formally and to which the Agency or City is a
party. The tile of this litigation is: BOB KIOUFTUS V. CITY OF
AZUSA; FARRIS V. CITY OF AZUSA; CITY OF DUARTE V. CITY OF AZUSA.
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
EDWARDS THEATERS.
SECTION 4. The City Council shall recess to CLOSED
SESSION pursuant to Government Code Section 54956.8 to give
instructions to the City's negotiator regarding the acquisition
and/or sale of the following described real property from or to
the parties noted: 11th Street and San Gabriel Avenue, NW corner,
City of Azusa.
SECTION 5. 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 6. In connection with the litigation matters
discussed above, the City Council specifically find that:
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A. Discussion of the litigation matters
described above in open session would be prejudicial to
the interests of the City 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 adversaries and allow them to
negotiate a settlement of the matters adverse to the
City; and
B. It has received a confidential letter from
the City Attorney pursuant to Government Code Section
54956.9 describing the grounds and authority for the
CLOSED SESSION.
SECTION 7. The City Clerk shall certify the adoption of
this resolution.
PASSED, APPROVED AND ADOPTED this 1st day of August,
1988.
'/�MAYOR
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the City Council of the City of Azusa, at a regular
meeting thereof, held on the 1st day of August, 1988, by the
following vote of the Council:
AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
l CITY CLERK
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