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MINUTES

BERKELEY CITY COUNCIL SPECIAL CLOSED MEETING

Monday, April 25, 2005


Preliminary Matters

Roll Call:        4:03 p.m.

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

Absent:           Councilmember Moore.

Public Comment:  No speakers.
 

Closed Session

The City Council recessed 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.

 

Report from Closed Session: Moved, seconded, carried (Capitelli/Maio; Absent – Moore, Olds) to adopt Resolution No. 62,874–N.S. (PDF, 54 KB) authorizing the City Attorney to initiate litigation against Hernan Galvan and American Systems Parking for collection of delinquent taxes, interest and penalties.

 

Adjournment

Adjourned at 4:57 p.m.