HomeMy WebLinkAboutResolution No. 86010 0
RESOLUTION NO._ 8601
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA TO RECESS TO CLOSED SESSION
ON APRIL 3, 1989, 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 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 Borwn 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 title of this litigation is AZUSA V. FERRINO; AZUSA
V. JOHNSON; FOREST PRESERVATION SOCIETY V. 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 MC LAUGHLIN
CONSTRUCTION COMPANY.
SECTION 4. 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 54956.9(c) in order to decide whether to
initiate litigation. The case involves CAROLL TUCKER.
SECTION 5. 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: NORTH SAN GABRIEL CANYON ROAD, CITY OF
PASADENA.
SECTION 6. 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 7. In connection with the litigation matters
discussed above, the City Council specifically finds 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 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 the authority for the
closed session.
SECTION 8. The City Clerk shall certify to the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of
April, 1989.
r
I HEREBY CERTIFY that
adopted by the City Council
meeting thereof, held on the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
the foregoing Resolution was duly
of the City of Azusa at a regular
3rd day of April, 1989, by the
AVILA, STEMRICH, NARANJO, LATTA,
MOSES
NONE
ABSENT: COUNCILMEMBERS: NONE
OW -AC