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Monday, April 7, 2003 5:00 P.M.


2180 Milvia Street, 6th Floor Conference Room

Teleconference Location  - 1636 Channing Way, Berkeley, CA


PUBLIC COMMENT: (Ten minute maximum limited to items on this agenda)


CLOSED SESSION: (The City Council will recess to closed session to discuss each of the following matters, not necessarily in the order listed below.)



Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9


In connection with an application for zoning approvals at 2500, 2508 and 2514-16 Benvenue Avenue, the City Attorney has advised the Council that there is a significant exposure to litigation against the City of Berkeley because of existing facts and circumstance. These facts and circumstance are statements made by both the proponents and the opponents of the projects at issue, both orally and in writing, that the City has engaged in acts and omissions, or is about to do so, which are illegal. In addition, on April 3, 2003 the City Attorney received a letter from counsel for the applicant that it would file suit against the City under both the federal Religious Land Use Act and California Government Code section 65589.5 if the Council voted to deny its project.


ADJOURNMENT: (The Council may adjourn this meeting and reconvene into Open Session to make a report, if any such report is required by law.)

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing. Any member of the public may attend the Public Comment portion of the City Council Closed Session at 2180 Milvia Street or at the teleconference location.

Questions regarding this matter may be addressed to Sherry M. Kelly, City Clerk, 981-6900.