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HomeMy WebLinkAboutResolution No. 85680 0 RESOLUTION NO. 8568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JANUARY 16, 1989 PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) AND (c) THE CITY COUNCIL OF THE CITY OF AZUSA HEREBY RESOLVES AS FOLLOWS: SECTION 1. Closed sessions of the City Council and Board of Directors 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 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 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 Eugene F.Moses and OSCO Inc. (Chemical Waste Management Inc.) SECTION 3. 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. The case involves: City of Irwindale. 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 specifically find 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 -1- PNIT/RES 3841 • 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 the Agency; and B. It has received a confidential letter from the City and Agency Attorney pursuant to Government Code Section 54956.9 describing the grounds and the authority for the closed session. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of January 1989 ir MAY R 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 16th day of _January , 19 89 , by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABS6T: COUNCILMEMBERS: NONE DEPUTY CITY CLERK'