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HomeMy WebLinkAboutReso 1990-15646 RESOLUTION NO. 15646 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INSTRUCTING THE CITY CLERK TO PRINT CLOSED SESSION JUSTIFICATIONS AS STANDARD LANGUAGE ON EACH CITY COUNCIL AND REDEVELOPMENT AGENCY PUBLIC AGENDA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, it is the desire of the City Council of Chula Vista that the public is aware of the reasons and legal justifications for conducting a closed session; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that memorandum provided by the City Attorney entitled "Permitted Reasons for Conducting a Closed Session", a copy of which is attached as Exhibit B, is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to print said documents at such place on each public agenda of the City Council of the City of Chula Vista as she determines appropriate. Presented and Approve as to form by t{A ( Bruce ~'1o Boogaard City ALtorney Resolution No. 15646 Page 2 EXHIBIT "B" GOVERNMENT CODE SECTIONS PERMrITING CLOSED SESSIONS GC 54966.7 The City Council or Redevelopment Agency may hold a closed session with an applicant and the applicant's attorney for a license or a license renewal where the applicant has a criminal record and the Council determines that it is necessary to discuss and determine whether the applicant is sufficiently rehabilitated. GC 54956.8 The City Council or Redevelopment Agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease if, prior to the closed session, the City Council holds an open and public session in which it identifies the real property and the persons with whom the negotiators may negotiate (the City Council members may be City authorized negotiators). GC 54956.9 The City Council or Redevelopment Agency may hold a closed session to confer with or receive advice from its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the City in the litigation, and they have received the advice of its City Attorney that it would be in the City's best interest to conduct the discussion in closed session. Under this section, a controversy is considered to be pending litigation when there has been a formal initiation of an adjudicatory proceeding; or, when the City Council has formed the opinion that, based on advice from its legal counsel, there is significant exposure to litigation against the local agency; or, the City is deciding whether or not to initiate litigation. GC 54956.95 The City Council or Redevelopment Agency may hold a closed session if the City is a member of a joint powers agency formed for purposes of insurance pooling to discuss a claim for the payment of tort liability losses, public liability losses or worker's compensation liability incurred or to be incurred by the joint powers agency or the City which is a member thereof. GC 54957 The City Council or Re. development Agency may hold a closed session on matters posing a threat to the security of public buildings, or a threat to the public's fight of access to public services or public facilities. The City Council or Redevelopment Agency may also hold, under the authority of this section, a closed session to consider appointment, employment evaluation of performance, dismissal of a public employee, or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing. For the purposes of this section, employee does not include an elected official and does not include appointed officials except for the non-elective positions of City Manger, City Attorney, a department head or other similar administrative officer of the local agency, chief engineer, legal counsel, assessor, treasurer, among others. Any action taken in executive session to appoint, employ, or dismiss a public employee arising out of any closed session of the legislative body shall be publicly reported at the public meeting during which the dosed session is held or at the next public meeting and shall report any roll call vote thereon. GC 54957.6 A City Council or Redevelopment Agency may hold a closed session with the City's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees if the closed session is held for the purpose of reviewing its position and instructing the City's designated representatives. Such closed sessions may take place prior to and during labor negotiations. A City Council may also meet with a state conciliator who has intervened in any labor dispute. A City Council may also hold closed sessions with its designated representatives on mandatory subjects within the scope of representation of its represented employees. Resolution No. 15646 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of June, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None Cox ,' Ma~o~ ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15646 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 5th day of June, 1990. Executed this 5th day of June, 1990.