BERKELEY CITY COUNCIL SPECIAL MEETING
Monday, June 30, 2008
Council Chambers, 2134 Martin Luther King Jr. Way
Teleconference Locations: 1636 Channing Way, Berkeley, CA
Tom Bates, Mayor
District 1 – Linda Maio
District 5 – Laurie Capitelli
District 2 – Darryl Moore
District 6 – Betty Olds
District 3 – Max Anderson
District 7 – Kriss Worthington
District 4 – Dona Spring
District 8 – Gordon Wozniak
Roll Call: 5:02 p.m.
Present: Councilmembers, Capitelli, Olds, Spring, Wozniak, and Mayor Bates.
Absent: Moore, Maio (present at 5:12 p.m.), Anderson and Worthington (present at 5:15 p.m.).
The City Council will convene in closed session to meet with its attorneys concerning the following:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Pending litigation—4 cases
City of Berkeley v. University of California, Berkeley, Regents of the University of California
ACSC RG06 302934
GTE Mobilnet of California Limited Partnership v. City of Berkeley
USDC C07 04034 SBA
Jim Hultman and Berkeley Neighborhood Antenna-Free Union v. Berkeley City Council, City of Berkeley, Does 1 thru 50, and UC Storage LLC and R&L Burnstein, LLC, Does 50 thru 100
ACSC No. RG08 36955
Berkeley Neighborhood Antenna-Free Union, Michael Barglow, Ellen McGovern, and Pamela Speich v. City Council of the City of Berkeley, City of Berkeley, GTE Mobilnet of CA dba Verizon Wireless, Nextel Communications, Patrick Kennedy, and Does XXI thru L
ACSC No. RG08 369575
Action: M/S/C (Maio/Capitelli) to issue a letter to the University of California, Berkeley, the Office of the President of the University of California and the Regents of the University of California stating the following:
With this letter the Berkeley City Council expresses our deep concern about the health and well-being of the young people in the trees and the lack of adequate sustenance being provided to them.
The Berkeley City Council strongly urges the University to enable designated neutral clergy persons to provide nutritious sustenance to the tree-sitters immediately.
Ayes: Maio, Anderson, Spring, Capitelli, Worthington. Abstain: Wozniak, Bates. Absent: Moore, Olds.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Initiation of litigation—two cases
The Berkeley City Council will consider whether to file litigation against the State of California and/or California Department of Food and Agriculture and/or the Secretary thereof, to enjoin aerial spraying related to eradication or control of the Light Brown Apple Moth.
The Berkeley City Council will consider whether to file litigation against the Regents of the University of California regarding blockage and obstruction of the City’s sidewalk on Piedmont Avenue.
Action: No reportable action taken.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
Property address: 1 Bolivar Drive
Berkeley, CA 94710
Agency Negotiators: Phil Kamlarz, City Manager
Negotiating parties: City of Berkeley
2180 Milvia Street
Berkeley, CA 94710
William J. Petzel And Margaret P. Petzel, Trustees Of The Petzel Family Trust Dated April 23, 2004
Victor G. Prada,
Richard W. Smith
Jonathan Francis And Sally Ann Francis, Trustees Of The Francis Family Trust, 1999 U/T/D Dated June 11, 1999
Under negotiation: Price and terms of payment for purchase
Action: M/S/C (Olds/Spring) to authorize the City Manager to enter into a purchase agreement for 1 Bolivar Drive for $2.2 million and authorize the City Manager to submit a good faith refundable down payment of $100,000.
Ayes: Maio, Anderson, Spring, Captielli, Olds, Worthington, Wozniak, Bates. Absent: Moore.
Public Reports of actions taken pursuant to Government Code section 54957.1.