SPECIAL BERKELEY CITY COUNCIL MEETING

TUESDAY, MAY 23, 2000, 5:30 P.M.

1900 ADDISON STREET

THIRD FLOOR CONFERENCE ROOM

 AGENDA

ROLL CALL:   5:30 P.M.

PUBLIC COMMENT:  (Ten minute maximum)

CLOSED SESSION: (The Council will recess into Closed Session immediately after Public Comment or immediately after Roll Call if there are no public speakers)

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):

Threatened Litigation

1.         The Council will confer with its attorneys regarding possible litigation that may be initiated to challenge any action the Council may take in connection with the award of a construction contract concerning the repaving of College Avenue.

2.          Significant exposure of litigation. –  The Council will be meeting with the City Attorney to discuss a lawsuit, which the City Attorney expects to be filed by Jacob Khalil Fantauzzi challenging his arrest and prosecution for obstructing a police officer in connection with demonstrations concerning KPFA.  The City Attorney expects this suit to be filed because the claimant has previously already filed a claim against the City, which was denied and has recently been acquitted of the criminal charges in the criminal prosecution.  Claimants typically file civil suits following dismissal of criminal cases or acquittals.  The acquittal itself has no legal effect on any potential civil suit because in the criminal suit the district attorney must prove beyond a reasonable doubt that the defendant is guilty of the criminal charges and the defendant is entitled to a presumption of innocence.  By contrast, in the civil suit the burden is on the plaintiff to prove by a preponderance of the evidence that the police officers who arrested him did not have probable cause to make the arrest or a claim that officers used excessive force in making the arrest.  The defendant’s later acquittal is legally irrelevant to what the police officer knew at the time of the arrest.

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

 General Litigation

MacMillan, Clifford v. City, et al.
Superior Court No. 707426-4

City of Berkeley v. Reza Valiyee, et al.
Superior Court No. 737686-3

City of Berkeley v. Reza Valiyee, et al.
Superior Court No. 738903-8

City of Berkeley v. Reza Valiyee, et al.
Superior Court No. 748526-4

Iversen, John v. City of Berkeley
U.S. Department of HUD, #099511608

Alpha Epsilon Phi, Tau Chapter Housing Association v. City of Berkeley and City of Berkeley Rent Stabilization Board
Superior Court No. 763562-5

Odom, Jacquelyn v. City
Superior Court No. 769731-5

City of Berkeley v. Texaco Refining; Chevron Products & UC Regents
Superior Court No. 794929-2

Hanna, Mary B. v. City of Berkeley, Landmark Preservation, ZAB
Superior Court No. 795419-9

Burkhardt, Alfred v. City of Berkeley, Augusto Tan
Superior Court No. 799428-1

A.C. Transit v. CalTrans
Superior Court No. 810522-0

Bjeldanes, Peter & Elsa v. City of Berkeley
Superior Court No. 800644-6

Moore, Debbie/Kent, Marty v. City of Berkeley, et al.
USDC No. C98 3579 CW

The Port of Redwood City v. Gibson Environmental, Inc., et al.
USDC No. C98 3501 THE

Schneider, Eugene v. City of Berkeley
Superior Court Nos. 2918151 and 29181862

Lesser, Wayne v. IKON Office Solutions, Inc.
Superior Court (SF) No. 92793

People v. Arcadia Machine & Tool, Inc., et al.
Superior Court (SF) No. 303753

People v. Jackie T. Price and Barbara A. Price
Superior Court (Berk) No. 99-7531

Evans, Eugene, et al. v. City of Berkeley, et al.
Superior Court No. 809180-4

Hillside Drilling, Inc. v. City of Berkeley, et al.
USDC No. C99 4646 MCC

Fields, Philip A. v. U.S. Dept. of HUD; BHA
USDC No. C 99 4626 CRB

Second Amendment Foundation, et al. v. US Conference of Mayors, et al.

Adams, Phillip M. v. Intel Corporation, et al.
Superior Court No. (SF) 999978

National Shooting Sports Foundation, Inc., et al. v. Andrew Cuomo, Mayor Shirley Dean, et al.
USDC-No. Dist. Atlanta, No. 00-CV-1063

AMICUS CASES:

 East Bay Asian Local Development Corporation v. State of California
Sacramento Superior Court No. 95AS02560

Howard Jarvis Taxpayers Assn. v. City of La Habra
Orange County Superior Court No. 76-15-12

City of Alameda v. Port of Oakland; Berkeley Keep Jets Over the Bay
Superior Court Nos. 793056-0; 793028-7; 793033-9; 793046-3

City of San Jose v. High Voltage Wire Works
Ct. of Appeals No. H018407

Lim v. City of Long Beach
Ct. of Appeals, 9th Cir. No. 90-55915

Lindsey v. Tacoma-Pierce County
USDC No. 97 5077 RBJ (W.D. Wash)

Howard Jarvis Taxpayers Assoc., et al. v. City of San Diego
US Ct. of Appeals No. D0313448

Alameda Books, Inc. v. City of Los Angeles
Ct. of Appeals, 9th Cir. No. 98 56200

Shindler Elevator v. City and County of San Francisco
Ct. of Appeals No. A081811

Barner v. Leeds
Cal. Supreme Ct. No. (not given)

Long, Bernard, et al. v. City of Rialto
USCA, 4^th Dist., No. 022019

National Trade Council v. Laskey, et al.
USDC CA No. 98 CV 10757 JLT

Saia v. City of Capitola
USCA, 6^th Dist., No. H019076

Circle K Ranch v. Board of Supv. of Santa Barbara County
USCA, 2^nd Dist., Div. 6, No. B124996

Haggis, Paul v. City of Los Angeles
Cal. Supreme Ct. No.

Vallejo Ridgecrest HOA v. City of Vallejo
USCA, 1^st Appl Dist., No. A085723

Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency
USCA, 9^th Cir., No. 99-15641

Connerly v. State Personnel Board, et al.
USCA, 3^rd Dist., No. C032042

Kajima/Ray Wilson v. L.A. County Met. Trans. Authority
Cal. Supreme Ct. No. S077461

Kathleen R. v. City of Livermore
Cal. Ct. of App., 1^st Dist., Div. 4

Griffith v. Santa Cruz, et al. 

Hamilton v. Accu-Tek
USCA 2^nd Cir.

Treweek v. City of Napa
USCA 1^st AppDist., Div. 2 No. A087820

Zelig v. County of Los Angeles
Cal. Supreme Ct. No. S081791

Great Western Shows v. County of Los Angeles
USDC No. CV 9 09661 RAP

Cruz v. Briseno
Supreme Ct. No. S 076167

Amelco Electric v. City of thousand Oaks
2^nd App. Dist. Ct. No. B129406

Howard Jarvis Taxpayers Association v. City of La Habra
Cal. Supreme Ct. No. S082591

United States of America v. Lakireddy Bali Reddy
USDC No. 4-00-0004 WDE

Apartment Owners Association of Los Angeles v. City of Los Angeles
Cal. Supreme Ct. No. S082645

G&G Fire Sprinklers, Inc. v. Bradshaw (00-C.D.O.S.); DeBoer v. Pennington (00-C.D.O.S.)
USCA 9^th Cir. No. CV 95-01402 WLD

Nordyke, et al. v. King, et al.
USDC No. C 99-4389 MJJ 

Associated Homebuilders of No. California v. City of Napa
USCA No. A 090437

ADJOURNMENT:  (The Council may adjourn this meeting to the City Council Chambers, 2134 Martin Luther King Jr. Way, and reconvene into Open Session at 7:00 p.m. to make a report, if any such report is required by law.)

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