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HomeMy WebLinkAboutResolution No. 87280 0 RESOLUTION NO. 8728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON OCTOBER 5, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(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 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 D & D DEVELOPMENT. SECTION 3. 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 4. In connection with the litigation matters discussed above, the City Council specifically finds that: 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. 0 Ll SECTION 5. The Deputy City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 5th day of October, 1989. 4/11111YoR ,Z" I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa, at an adjourned regular meeting thereof, held on the 5th day of October, 1989, by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - 2 -