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HomeMy WebLinkAboutResolution No. 91-C0320 0 RESOLUTION NO. 91-C32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APROVING AN AMENDENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA HABRA HEIGHTS, LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT, and WEST COVINA TO INCLUDE THE CITY OF DIAMOND BAR IN THE FOOTHILL TRANSIT ZONE THIS AMENDMENT, dated the 15th day of April 1991, is entered into between the COUNTY OF LOS ANGELES, a political subdivision of the State of California, the CITIES OF ARCADIA, AZUSA, BALDWIN PARK, BRADBURY, CLAREMONT, COVINA, DIAMOND BAR, DUARTE, EL MONTE, GLENDORA, INDUSTRY, IRWINDALE, LA HABRA HEIGHTS, LA VERNE, MONROVIA, POMONA, SAN DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT, and WEST COVINA, each a municipal corporation of the State of California, (collectively referred to as "Cities" herein.) WITNESSETH• WHEREAS, the Foothill Transit Zone, a public entity, was formed on April 14, 1988 by the execution of a Joint Powers Agreement; WHEREAS, the City of Diamond Bar was not an incorporated city when the Foothill Transit Zone Joint Powers Agreement was executed, but was incorporated in 1989; WHEREAS, the City of Diamond Bar has requested to join the Foothill Transit Zone; WHEREAS, the members of the Foothill Transit Zone desire to include the City of Diamond Bar as a member of the Zone. NOW THEREFORE, the Joint Powers Agreement dated April 14, 1988, is hereby amended to include the City of Diamond Bar as a member of the Foothill Transit Zone, with all of the rights, benefits, duties and obligations of a city member as fully described in the Joint Powers Agreement and in the rules and regulations adopted pursuant to that agreement. Notices hereunder shall be sufficient if sent by regular mail, postage prepaid, to the City Manager of Diamond Bar at: Mr. Robert Van Nort City Manger, City of Diamond Bar East Copley Drive, Suite 100 Diamond Bar, California '91765 All other provisions of the Agreement shall remain in full and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and attested by their Droner officers. 11 • Passed, approved and adopted this 15th day of April, 1991. 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 15th day of April 199 by the following vote of the Counc1l AYES: COUNCIL MEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCIL MEMBERS:NONE ABSENT: COUNCIL MEMBERS:NONE CITY CLE RESOLUTION NO. 91-C32 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 APRIL 1, 1991, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTIONS 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 only to 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 regar- ding regarding pending litigation which has been initiated formally and to which the Agency or City is a party. The title of this litigation is: Holmes V. Azusa; Hessler V. Azusa; California V. Azusa; U. 8. V. Monitor Chemicals; Azusa CRA V. Remington. 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(b) in order to discuss one item of potential litigation and is hereby of the opinion that a substantial exposure to litigation exists with respect to such item. 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 and Board of Directors specifically find that: A. Discussion of the litigation matters described above in open session would be prejudicial to the interests of the City and 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 City's and Agency's adversaries and allow them to negotiate a settlement of the matters adverse to the City and Agency; and B. It has received a confidential letter from the City/Agency Attorney pursuant to Government Code Section 54956.9 describing the grounds and authority for the Closed Session. SECTION 6. The City Clerk and Secretary shall certify the adoption of this Resolution. 1991. PASSED, APPROVED AND ADOPTED this 1st day of April, I IN 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 let day of April 1991, by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/BOARDMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/BOARDMEMBERS: NONE ABSENT: COUNCILMEMBERS/BOARDMEMBERS: NONE