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CC Resolution 2005-021 RESOLUTION NO. 2005-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONCERNING CLOSED SESSIONS OF JOINT POWERS AUTHORITY MEMBER AGENCIES WHEREAS, the California Legislature has passed, and the Governor has signed, Assembly Bill 2782 ("AB 2782") pursuant to which a joint powers authority may provide in its joint powers agreement, its bylaws, or its policies that its local agency members may conduct their own closed sessions under the Ralph M. Brown Act (the "Act') in order to consider matters discussed by the joint powers authority in closed sessions which have direct financial or liability implications for the applicable local agency member; and WHEREAS, the City of La Quinta (the "City") is a member of several joint powers authorities; and WHEREAS, the City desires and intends to approve, and to recommend for adoption by each joint powers authority covered by AS 2782 of which the City is a member, provisions for inclusion in joint powers agreements, bylaws, or policies permitting local agency members to conduct closed sessions pursuant to AS 2782. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1: The City Council hereby approves the following provisions for inclusion in joint powers agreements, bylaws', and/or policies for each joint powers authority covered by AB 2782 of which the City is a member: "All information received by the legislative body of a local agency member in a closed session related to information presented to the joint powers authority in closed session shall be confidential. However, each local agency member is authorized on advice of its legal counsel to conduct a closed session to consider and take action concerning any matter discussed in closed session by the joint powers authority that has a direct financial or liability implication for the local agency member, pursuant to California Government Code section 54956.96. For this purpose, a member of the legislative body of a local agency member may disclose information obtained in a closed session of the joint powers authority that has direct financial or liability implications for the local agency member to (1) legal counsel of the applicable local agency member for purposes of obtaining Resolution No. 2005-021 Resolution Re JPAs Adopted: February 15, 2005 Page 2 advice on whether the matter has direct financial or liability implications for that member local agency, and/or (2) other members of the legislative body of the local agency present in a closed session of that member local agency. Legal counsel representing the joint powers authority is authorized to provide information to legal counsel representing the applicable local agency member about the discussion conducted by the joint powers authority in the applicable closed session. Any designated alternate member of the legislative body of the joint powers authority who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers authority in lieu of the local agency member's regularly appointed member may attend closed sessions of the joint powers agency." SECTION 2: The City Council requests that each joint powers authority covered by AS 2782 of which the City is a member, adopt the above provisions for inclusion in the applicable joint powers agreement, bylaws and/or policies. SECTION 3: The City Manager and the City Clerk are hereby authorized and directed to transmit a copy of this Resolution to each joint powers authority covered by AB 2782 of which the City is a member, and to request that each joint powers authority place the request of the City set forth in Section 2 of this Resolution on an agenda of the joint powers authority as soon as may be reasonably practicable or convenient. SECTION 4: This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of February, 2005, by the following vote to wit: AYES: Council Members Henerson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None -... --'-~-'-"~~'----'-~~-' -------,-,- ----- ------- -- Resolution No. 2005-021 Resolution Re JPAs Adopted: February 15, 2005 Page 3 ATTEST: ø/1 JU S. GREEK, CMC, Cit Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: