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MINUTES

 

SPECIAL BERKELEY CITY COUNCIL MEETING

MONDAY, APRIL 7, 2003

 

Roll Call: 5:05 p.m.

 

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

 

Absent:            None.

 

Public Comment:   John Haag; Dianne Ayres; Linda Schacht; Paul Vojta; Jerry Sulliger; Doug

Buckwald; and David Levy

 

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

 

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

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: 6:15 p.m.