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AGENDA

BERKELEY CITY COUNCIL SPECIAL CLOSED MEETING

Monday, April 25, 2005

4:00 P.M.

6th Floor Conference Room, 2180 Milvia Street
Teleconference Location – 1636 Channing Way, Berkeley, CA

The City Council may take action related to any subject listed on the Agenda.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing.  Any member of the public may attend this meeting at location.  Questions regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.


Preliminary Matters

Roll Call

Public Comment: (A total of 20 minutes is scheduled.  Each speaker is limited to a maximum of 2 minutes).
 

Closed Session

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

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

 

City of Berkeley v. University of California; Regents of the University of California

Alameda County Case No. RG 05199505

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

 

Threatened litigation – two cases:

 

1.      The City Council will discuss with its attorneys a threat of litigation by UC should it adopt a sewer rate schedule that include impose a sewer fee on UC for sewer services UC receives from the City of Berkeley.

 

2.      The City Council will 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:

 

1.      The Berkeley City Council will 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.

 

2.      The Berkeley City Council will 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.

 

3.      The Berkeley City Council will consider whether to initiate litigation to collect delinquent parking space rental tax under BMC Chapter 7.48 and business license tax under BMC Chapter 9.04 from Hernan Galvan and American Systems Parking.

 

Adjournment