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MINUTES

BERKELEY CITY COUNCIL SPECIAL CLOSED MEETING

Tuesday, May 24, 2005


Preliminary Matters

Roll Call:        10:03 p.m.

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

Absent:           None.

Public Comment:  George Buyer, Anne Wagley, B. Gilbert, Daniella Thompson, Sharon Hudson, Carl Friberg, Pamela Sihvola, Jim Sharp, Peter Mutnick and Steve Wollmer.
 

Closed Session

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—two 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.

Report from Closed Session:  Moved, seconded, carried (Wozniak/Maio; Noes – Spring, Olds, Worthington) a motion to approve entering into the 2020 LRDP Litigation Settlement Agreement (PDF, 750 KB) with the Regents of the University of California.


Supplemental Reports and Communications #1 (PDF, 4 KB)

Settlement with UC Berkeley

1.      Barbara Gilbert

2.      Antonio Rossmann


Adjournment

Adjourned at 11:31 p.m.