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minutes

BERKELEY CITY COUNCIL SPECIAL CLOSED MEETING

Monday, January 24, 2005


Preliminary Matters

Roll Call:        9:04 a.m.

Present:          Councilmembers Anderson, Capitelli, Olds, Maio, Moore, Spring, Worthington, Wozniak and Mayor Bates.

Absent:           None.

Public Comment:  Anne Wagley, Sharon Hudson, Carl Friberg, Zelda Bronstein, Barbara Gilbert, Roger Van Ouytsel, Kristin Leimkuhler, Jim Sharp, Dean Metzger, Pamela Sihvola, George Beier, Doug Buckwald and Wendy Alfsen.
 

Closed Session

1.      CONFERENCE WITH LEGAL COUNSEL-- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (b) and (c)

 

Threatened litigation – two cases:

 

The City Council will discuss with its attorneys a threat of litigation by the University of California, Berkeley (UC) should it adopt a sewer rate schedule that includes imposing a sewer fee on UC for sewer services UC receives from the City of Berkeley.

 

The City Council will also discuss with its attorneys litigation which may be filed by UC should the City demand that UC collect and remit to the City the parking space rental tax imposed by BMC Chapter 7.48. on spaces in UC operated garages.

 

Initiation of litigation—three cases:

 

The Berkeley City Council will consider whether to initiate litigation challenging the legal adequacy of the environmental impact report prepared by the Regents of the University of California on the Long Range Development Plan for the Berkeley Campus and related actions.

 

The Berkeley City Council will also consider whether to initiate litigation to compel the Regents of the University of California and/or the University of California, Berkeley Campus, to collect and remit to the City the parking space rental tax imposed by BMC Chapter 7.48.

 

The Berkeley City Council will also consider whether to initiate litigation to determine the extent to which the Regents of the University of California and/or the University of California, Berkeley Campus are obligated to pay the sewer rates and clean storm water charges adopted by the City.

 

Adjournment

Adjourned at 10:53 a.m.