SPECIAL BERKELEY CITY COUNCIL MEETING

City Council Chambers-Conference Room

TUESDAY, DECEMBER 17, 2002

MINUTES

Roll Call:    5:40 p.m.

Present:          Councilmembers Breland, Hawley, Maio, Shirek, Spring, Worthington, Wozniak and Mayor Bates.

Absent:           Councilmember Olds.

Public Comment:  None.

Closed Session:  The City Council recessed to closed session to discuss each of the following matters, not necessarily in the order listed below:

1.   CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):

            Threatened Litigation

The Council will confer with its attorneys regarding possible litigation which may be initiated to challenge any action the Council may take in connection with the project at 1155-1163 Hearst Street to demolish six units and construct 14 units, which is the subject of a public hearing on the Council's December 17, 2002 regular meeting agenda.

2.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):

Carol Rodriguez v. City of Berkeley,

Alameda County Superior Court, Case No. 2002 040840

RUI One Corp, v. City of Berkeley

            United States District Court for the Northern District of California,

No. COO 3878 SI; United States Court of Appeal for the Ninth Circuit,

Docket No. 02-15762

Berkeley Marina Associates, et.al., v. City of Berkeley, et.al.,

Alameda County Superior Court Case No. 2002- 074874

Report from Closed Session:

The City Council recessed at 6:25 p.m. to the Council Chambers for the purpose of making a report from Closed Session.

The City Council reconvened at 6:29 p.m. in the Council Chambers.  The City Clerk reported that on motion by Councilmember Maio, seconded by Councilmember Breland, with Councilmember Olds absent, the Council adopted Resolution No. 61,868-N.S. authorizing the City Attorney to settle Carol Rodriguez v. City of Berkeley et  al. in the amount of $84,525.11.

ADJOURNMENT: The meeting adjourned at 6:30 p.m.

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