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minutes

BERKELEY CITY COUNCIL SPECIAL CLOSED MEETING

Monday, March 14, 2005


Preliminary Matters

Roll Call:        4:07 p.m.

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

Absent:           Councilmember Wozniak.

Public Comment: Kimberly Papillon Toure and Frank Brown.
 

Closed Session

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

1.      PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957

Title of position to be filled: Police Chief.

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

City of Berkeley v. University of California Berkeley

ACSC No. RG 04 199505

3.      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 Regents of the University of California and/or the University of California, Berkeley Campus (UC) should it adopt a sewer rate schedule that imposes 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—two cases

 

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.

Report from Closed Session: The Council recessed from Closed Session to make the following report:

Moved, seconded, carried (Worthington/Moore; absent Wozniak) to adopt Resolution No. 62,835–N.S. (PDF, 115 KB) appointing Douglas N. Hambleton as Police Chief.

 

Adjournment

Adjourned at 5:30 p.m.