Regular Meeting eSummary
March 25
, 2003

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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized.

Note: 

  • Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=7134

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Summary

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, March 25, 2003 – 7:00 p.m.

Preliminary Matters

Roll Call:  7:18 p.m., All present.

Ceremonial Matters:

1.                Proclamation for Annual Poetry Day

2.                 Proclamation for Breastfeeding Week
Action: 
Presented proclamations.

Comments from the City Manager:

1.                  Health and Human Services and Berkeley High School will sponsor the Peer Relationship Open Mike Night Poetry Slam event on Wednesday, March 26, 2003 at 7:00 p.m. to 9:00 p.m. at Anna’s Café on University Avenue at McGee. Donated proceeds will go to A Safe Place Battered Woman’s Shelter.  For more information contact Debbie Arthur at (510) 981-5303.

2.                 Disaster Resistant Berkeley will hold a town hall breakfast meeting (2nd of 4 scheduled) to support community and neighborhood readiness on Saturday, March 29, 2003 from 10:00 am to 12:00 p.m. at the West Berkeley Senior Center at 1906 Sixth Street.

Comments from the Mayor:

1.                  In conjunction with the Berkeley School District and 2 local foundations the City will hold a Children and Youth Summit on Saturday, March 29, 2003 at the Alternative High School from 2:00 p.m. to 5:00 p.m.

Comments from the Public:  12 speakers.

Consent Calendar

Action:  Moved, seconded and carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:

1.      Needle Exchange Emergency Distribution (PDF, 163 KB)

From: City Manager

Recommendation:  Adopt a Resolution reviewing and confirming the continued existence of a local emergency with regard to HIV transmission from the use of HIV-infected needles among injection drug users, and authorizing the Local Health Officer to take steps to enable the operation of needle exchange emergency distribution.

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Adopted Resolution No. 61,973–N.S. (PDF, 99 KB)

2.      Minutes for Approval (PDF, 1 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of March 3 2003 (closed), and March 11, 2003 a) work session and b) regular.

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Approved minutes.

3.      Lease: Trinity United Methodist Church (PDF, 1.7 MB)

From: City Manager

Recommendation:  Adopt first reading of an Ordinance authorizing 1) a lease agreement with Trinity United Methodist Church to provide facility space at 2362 Bancroft Way for the Dorothy Day House/Catholic Worker Community Breakfast Program for the period beginning May 1, 2003 through December 31, 2005 in an amount not to exceed $67,733; and 2) authorizing five additional option periods of one year each.

Contact: Stephen Barton, Housing, 981-5400

Action:  Adopted first reading of the Ordinance.  Second reading scheduled for April 1, 2003.

4.     Contract: Transfer Station Remodel (PDF, 445 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Transfer Station remodel project; 2) accepting the bid of Valentine Corporation and authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $1,091,775 for a period of 180 calendar days; and 3) allocating $608,462 from Refuse Fund Reserve for inclusion in the Transfer Station Expansion Project.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Removed from Consent Calendar by Councilmember Breland.  Moved, seconded, carried (Breland/Maio) to adopt Resolution No. 61,974–N.S. (PDF, 119 KB)

5.     Contract: Public Safety Building Phase II, Construction of Parking Lot  (PDF, 256 KB)

From: City Manager

Recommendation:  Adopt a Resolution 1) approving plans and specifications for the Public Safety Building Phase II, Construction of a secure parking lot for the Police and Fire Departments; 2) accepting the bid of O.C. Jones & Sons, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $750,000.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,975–N.S. (PDF, 102 KB)

6.      Proclamation:  125th Anniversary of the City of Berkeley (PDF, 251 KB)

From: Mayor Bates

Recommendation:  Approve a Proclamation honoring April 1, 2003, as the 125th Anniversary of Berkeley’s incorporation and encourage community members to join in events, including the birthday celebration at the Civic Center Building.

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved proclamation.

7.      Proclamation:  30th Anniversary of Ashkenaz (PDF, 99 KB)

From: Councilmember Maio

Recommendation:  Approve a Proclamation celebrating the 30th Anniversary of Ashkenaz, a nationally recognized non-profit music and dance organization.

Contact: Linda Maio, Councilmember District 1, 981-7110

Action:  Approved proclamation.

8.      East Bay Peace March (PDF, 61 KB)

From: Councilmembers Maio and Spring

Recommendation:  Support the East Bay Peace March on Saturday, April 5, 2003, and encourage attendance.

Contact: Linda Maio, Councilmember District 1, 981-7110 and Dona Spring, Councilmember District 4, 981-7140

Action:  Removed from the Consent Calendar by Councilmember Hawley.  Moved, seconded, carried (Hawley/Maio) to approve recommendation amended to also include a statement that: 1) the Council shares the anxieties of people who have relatives, friends and neighbors in the military fighting in Iraq; and 2) the Council abhors the violence and hopes for a swift resolution and the safe return of our military.

9.      Support SB921: The Health Care for All Californians Act (PDF, 243 KB)

From: Councilmember Hawley

Recommendation:  Request that the City Manager send letters of support to the authors and co-sponsors of SB 921, the Health Care for All Californians Act, introduced in the legislature on February 21, 2003 by State Senators Kuehl, Cedillo, Florez, and Perata.  Co-sponsors include Assembly Members Goldberg, Hancock, Levine, Pavley, and Steinberg.  In addition, inform our Sacramento lobbyist of our support for this bill and ask that we be kept informed about its progress in the legislature.

Contact: Miriam Hawley, Councilmember District 5, 981-7150

Action:  Approved recommendation.

10.  Amendments to the Brown Act and the Political Reform Act (PDF, 643 KB)

From: Councilmember Worthington

Recommendation:  Refer to the City Manager to prepare a memo to the Council and all commissions and boards explaining the applicability of new state law changes regarding:

1) the Brown Act, prohibiting a person from disclosing confidential information that has been acquired by being present in a closed session, unless the legislative body has authorized disclosure of that confidential information; and 2) the Political Reform Act, requiring a public official who has a financial interest in a decision to a) publicly identify the financial interest giving rise to the conflict and b) recuse himself or herself from discussing and voting on the matter; and c) leave the room until after the discussion, vote, and other disposition of the matter is concluded, unless the item is on the consent calendar.

Contact: Kriss Worthington, Councilmember District 7, 981-7170

Action:  Approved recommendation.

11.  Grant:  HIV Rapid Testing

a.     From:  City Manager (PDF, 300 KB)

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the University AIDS Research Program, Community Collaborative Awards in FY 2003 for funds in the amount of $40,000 to pilot and evaluate the effectiveness of HIV rapid testing for individuals at highest risk for HIV infection in Berkeley; 2) to accept the grant; 3) to execute any resultant revenue agreements and amendments; and 4) authorizing the implementation of the projects and appropriation of finding for related expenses, subject to securing the grant.

Contact: Fred Medrano, Health and Human Services, 981-5110

b.     From:  Peace and Justice Commission (PDF, 285 KB)

Recommendation:  Adopt a Resolution finding that no reasonable alternative exists under Berkeley Municipal Code Section 12.90.070, the Nuclear Free Berkeley Act, and approving waiver for a grant application in the amount of $40,000 from the University of California AIDS Research Program, Community Collaborative Awards for a pilot evaluation of HIV rapid testing for individuals at highest risk for HIV infection.

Contact: Manuel Hector, Secretary, 981-5110

Actions:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded (Wozniak/Olds) a main motion to approve the recommendation of the City Manager and to refer to the Peace and Justice Commission evaluation as to whether the Nuclear Free Berkeley Act is being applied consistently regarding grants and contracts.

Moved, seconded, carried (Worthington/Maio; Noes – Wozniak; Abstain – Spring) a substitute motion to approve the recommendation of the City Manager and adopt Resolution No. 61,976-N.S. (PDF, 99 KB)

12.  Proposed Construction of Molecular Foundry

a.     From: Peace and Justice Commission (PDF, 238 KB)

Recommendation:  Direct the City Manager to send a letter to Charles V. Shank, Director of Lawrence Berkeley National Laboratory (LBNL), and our elected Congressional and Senatorial representatives strongly urging that LBNL make use of the additional time provided by the postponed meetings with University of California administrators to schedule a public meeting regarding the construction and operation of the molecular foundry; and requesting additional time for public comment after the proposed public meeting.

Contact: Manuel Hector, Secretary, 981-5110

b.     From: City Manager (PDF, 51 KB)

Recommendation:  The City Manager concurs with the recommendation of the commission.

Contact:  Fred Medrano, Health and Human Services, 981-5110

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  No action taken. Item tabled.

Action Calendar – Appeals

13.   Appeal: 2575-2577 San Pablo Avenue

a.     From: City Manager (PDF, 1 MB)

Recommendation:  Adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit 02-1000000011 to allow a 4 story mixed-use infill building at 2575-2577 San Pablo Avenue with 28 senior housing units and 568 sq. ft. of commercial space for a total floor area of 19,994 sq. ft. and dismissing the appeal.

Contact:  Carol Barrett, Planning, 981-7400

b.     Appeals

1.     Douglas Press and Howie Muir (PDF, 10 MB)

Contact: Sherry Kelly, City Clerk, 981-6900

Action:  Moved to the Consent Calendar by Councilmember Worthington and adopted Resolution No. 61,977-N.S. (PDF, 75 KB) affirming the decision of the Zoning Adjustments Board and dismissing the appeal.

14.  Appeal: 2323 Glen Avenue

a.     From: City Manager  (PDF, 476 KB)

Recommendation:  Set for Public Hearing the appeal of the decision of the Zoning Adjustments Board to approve a Variance and Use Permit #00-20000171 to allow 1) construction of an 829 square foot addition to an existing single family residence; and 2) to reduce the required rear yard setback from 18 feet to 17 feet.; and  to 3) to reduce the required 30 foot setback from a creek to 7 feet.

Contact: Carol Barrett, Planning, 981-7400

b.     Appeal

1.   Phillip Price on behalf of Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center for Biological Diversity  (PDF, 936 KB)

Contact:  Sherry Kelly, City Clerk 981-6900

c.     Communications (PDF, 11 MB)

1.     Addenda to Appeal submitted on January 24, 2003, submitted by Juliet Lamont on behalf of Sierra Club, Urban Creeks Council, Friends of Strawberry Creek and Center for Biological Diversity.

2.     Anne-Marie Lhermitte

3.     Pam Ormsby

4.     Steve Maranzana

5.     Sigrid and Ed Allen

6.     Juliet Lamont

7.     Dale Anania

8.     C. Bodenhorst

9.     Paul Shain

10.  Carol Thornton

11.  Norie Clarke

12.  Lloyd and Sheila Andres

13.  Diane A. Tokugawa

14.  Alan Gould

15.  Janet Byron, Friends of Strawberry Creek

16.  Jennifer Amelia Ellis

17.  Carole Schemmerling

 

Actions: Moved, seconded, failed (Olds/Hawley; Noes – Maio, Breland, Shirek, Spring, Worthington, Bates) a substitute motion to uphold the decision of the Zoning Adjustments Board and dismiss the appeal.

Moved, seconded, carried (Worthington/Maio; Noes – Olds; Abstain – Wozniak) a main motion to approve the recommendation of the City Manager to set the matter for a public hearing on May 20, 2003.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or approve (Gov. Code '65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

 

Action Calendar – Old Business

15.  Contract:  Americans with Disabilities Act Self-Evaluation (PDF, 474 KB) (Removed from Consent Calendar by Councilmember Wozniak on March 18, 2003)

From:  City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Bruckner Consultants for conducting the Americans with Disabilities Act Title II Self-Evaluation, for the period beginning March 25, 2003, through November 30, 2003, in an amount not to exceed $87,800.

Contact: Rene Cardinaux, Public Works, 981-6300

Actions:  Moved, seconded (Wozniak/Hawley) a main motion to direct staff and the Disability Commission to perform the evaluation and to transfer monies slated for an outside consultant to the Parks Department to implement ADA improvements.

Moved, seconded, carried (Spring/Maio; Noes – Wozniak; Abstain – Hawley, Olds) a substitute motion to approve the recommendation of the City Manager and adopt Resolution No. 61,978-N.S. (PDF, 143 KB) and to also direct the City Manager to come up with creative methods for conducting this evaluation that would reduce outside costs.

Action Calendar – New Business

16.  Rental Housing Safety Program (PDF, 1 MB)

From: City Manager

Recommendation:  Adopt first reading of two ordinances amending Chapters 12.48 and 19.40 of the Berkeley Municipal Code (BMC) to make the following changes to the Residential Rental Housing Safety Program: a) allow owners to submit a single safety certification for all rental properties owned rather than a copy of the completed Safety Certification Checklist provided to the tenant of each unit; b) eliminate the requirement that owners notify the City when there is a change in tenancy; c) require safety certification from owners of government-assisted properties which are not required to be inspected annually; d) move the requirement that certain rental properties have a live-in manager from Section 12.48 to the more appropriate Section 19.40; and e) require certification of proper functioning of gas heaters every five years instead of every three years.

Contact: Stephen Barton, Housing, 981-5400

Actions:  Moved, seconded, failed (Breland/Spring – Noes – Shirek, Hawley, Olds, Wozniak, Bates; Abstain – Maio, Worthington) a substitute motion to adopt both ordinances with the amendment that the certification of gas heaters occur every three years.

Moved, seconded, carried (Olds/Worthington; Noes – Breland; Abstain – Maio) a main motion to adopt first reading of two ordinances as recommended by the City Manager. Second readings scheduled for April 1, 2003

17.  Precautionary Principle Program *

a.     From: Councilmembers Breland and Worthington (PDF, 779 KB)

Recommendation:  Adopt a Resolution supporting the “precautionary principle” and referring to staff the development and implementation of the Precautionary Principle Program to inform decisions made by the City that have a potential impact on public health, the environment, natural resources, sustainability, and quality of life.

Contact: Margaret Breland, Councilmember District 2, 981-7120; Kriss Worthington, Councilmember District 7, 981-7170

b.     From:  City Manager (PDF, 73 KB)

Recommendation:  Refer to staff for an analysis of potential program implications prior to adoption.  The analysis will be part of the FY 2004 and FY 2005 budget process.  The Council has adopted a moratorium on new programs that have resource implications, either financial or for staff.

Contact:  Arietta Chakos, City Manager, 981-7000

Action:  Withdrawn by Councilmember Worthington.

18.  Sanitary Sewer Program Study (Held over from March 18, 2003)

a.     From: Public Works Commission (PDF, 1 MB)

Recommendation:  Direct the City Manager to improve the program in the following manner: 1) continue escalating the Sewer Fund income each year for such factors as inflation and wage inflation, develop firm guidelines to discourage use of the Sewer Fund to support other than the Sanitary Sewer Rehabilitation and Maintenance Program, and increase the income as necessary to implement the program additions noted below; 2) develop a rational for calculation and imposition of indirect costs on all Special Funds; 3) reactivate a program to develop public support for rehabilitation of upper laterals; 4) revise or enact ordinances that simplify the issuance of citations to property owners when upper lateral inspections show rehabilitation is required and direct staff to enforce same if work is not done; 5) develop a plan to provide field measurements in selected sub-basins to determine the reduction in wet weather flows resulting from rehabilitation work accomplished to date; 6) encourage (and fund) establishment of a computer-supported work measurement system which will interface with the GIS system and payroll information on the HTE system to permit evaluation of maintenance operations, support of work management efforts, and development of budgetary support information; and 7) expand the Sanitary Sewer Program Master Plan to include monitoring and upper lateral rehabilitation as required in the Compliance Plan, provision for continuation of the Program after completion of the Compliance Plan, and ongoing maintenance once the overall collection system has been upgraded.

Contact: Jeff Egeberg, Secretary, 981-6406

b.     From: Citizens Budget Review Commission (PDF, 123 KB)

Recommendation:  Support the recommendations of the Public Works Commission resulting from their study of the Sanitary Sewer Program.  The recommendations of the Public Works Commission compliment and are consistent with recommendations made by the Citizens’ Budget Commission in its report to the City Council of May 28, 2002.

Contact: Phil Kamlarz, Secretary, 981-7006

c.     From: City Manager (PDF, 371 KB)

Recommendation:  The City Manager concurs with the scope of the recommendations of the Public Works Commission and requests that recommendations with fiscal implications be referred to the budget process for evaluation and consideration.

Contact: Rene Cardinaux, Public Works, 981-6300 and Phil Kamlarz, Deputy City Manager, 981-7006

Action:  Moved, seconded, carried (Hawley/Maio) to: 1) adopt the recommendations of the commissions; 2) refer recommendations with budget implications to the budget process; and 3) direct the City Manager to come back within six months with a timeline for implementation.

19   Feasibility of Consolidation and Discontinuing some Commissions

a.     From: Citizens Budget Review Commission (PDF, 1 MB)

Recommendation:  Authorize the commission to evaluate the status of certain boards and commissions in order to develop recommendations for possible commission consolidation or elimination.

b.     From: City Manager (PDF, 76 KB)

Recommendation:  The City Manager concurs with the recommendation of the commission.

Contact:  Weldon Rucker, City Manager, 981-7000

Action:  Moved, seconded, carried (Maio/Breland; Abstain - Spring) to direct the City Manager to recommend a process to make the commission system more efficient.  Councilmembers to forward specific suggestions to the City Manager in time for the City Manager to report on his recommendation on April 8, 2003.

20.  Concept and Taskforce for a Pilot Car Free Day  (PDF, 302 KB)

a.     From: Transportation Commission

Recommendation:  Adopt a Resolution endorsing the concept of a pilot Car Free Day in Berkeley and approving a task force in order to implement this event per the recommendations of the commission.  The Car Free Day Task Force will present a detailed plan to Council for approval prior to implementation in Fall 2003.

Contact: Peter Hillier, Secretary, 981-7000

b.     From: City Manager

Recommendation:  The recommendations contained in this report affect budget and/or other programs. Please refer to the budget process.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Moved to the Consent Calendar by Councilmember Wozniak and approved the recommendation of the City Manager to refer to the budget process.

21.  Prohibit Use of Dangerous and/or Sharp Material on Fences

a.     From: City Manager (PDF, 1 MB)

Recommendation:  1) Determine whether to adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.08.060.A to delineate additional prohibited sharp materials to be incorporated within or attached to a fence in a residential district and prohibiting repair or expansion of such features as to an existing fence.  2) Determine whether to include in such ordinance a requirement that existing non-conforming fences containing sharp materials be removed pursuant to an amortization schedule. 3) If the determination is made to adopt the ordinance requiring removal of existing non-conforming fences, then remand to the Planning Commission and direct it to conduct a public hearing on the revised ordinance and appropriate amortization schedule, after giving prior written notice to any known affected property owners.

Contact: Carol Barrett, Planning, 981-7400

b.     From: Planning Commission (PDF, 877 KB)

Recommendation:  Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 23D.08.060.A(1) to prohibit sharp materials to be attached to a fence in a residential district and requiring removal of any such fence within one year.

Contact: Ruth Grimes, Secretary, 981-7481

Action:  Moved, seconded, carried (Breland/Maio) to adopt first reading of an Ordinance amended to be retroactive and to require removal with 90 days. Second reading scheduled for April 1, 2003.

Information Reports

22.  Formal Bid Solicitations and Request for Proposals (PDF, 219 KB)

From: City Manager

Contact: Fran David, Finance, 981-7200

Action:  Received and filed.

23.  Information Relevant to Zoning Amendments (CF 114-01) (PDF, 1 MB)

From: City Manager

Contact: Carol Barrett, Planning, 981-7400

Action:  Moved to Action by Mayor Bates for a status report in 90 days.

Communications (PDF, 4 KB)

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.

Precautionary Principle Resolution

1.     Tom Lent (Breland)

2.     Davis Baltz, M.S. (Breland)

3.     Michael Gelobter

4.     Jeanne Rizzo

5.     Susan Lee

6.     Barbara A. Brenner

Marina Plan

7.     Norman La Force (Breland, Spring)

Shattuck Self Storage

8.     Bill Brinton (Olds)

Invalid Citation Complaint

9.     Ray Dobard (Wothington)

ADA Mandated Accessible Pathways

10.  Karen Craig (Worthington)

Emergency Town Meeting

11.  Tom Kelly (Breland)

War on Iraq

12.  Mark A. Goldman

Molecular Foundry and Lawrence Berkeley National Laboratory

13.  Janice Thomas-President, Panoramic Hill Association (Spring)

 

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

Item 4

Contract: Transfer Station Remodel

14.  L A Wood (Breland, Spring)

Item 11b

Grant: HIV Rapid Testing, Peace and Justice Commission

15.  Revised Report (PDF, 296 KB)

Item 12

Proposed Construction of Molecular Foundry

16.  Minority Report from Mary Heinze, Thom Seaton and David Weinberg, Peace and Justice Commission (PDF, 134 KB)

Item 14

Appeal: 2323 Glen Avenue (PDF, 8.3 MB)

17.  Mark E. and Freya A. Read, Owners 2323 Glen Avenue

18.  Suzanne Jones

19.  Patrick Charles

20.  Charles and Anne Smith

21.  Carole Schemmerling (2)

22.  Rena Rickles (2)

23.  Joelle Deloison

24.  Jennifer Pearson

25.  Chris Swett

26.  Donald W. Aitken, Ph.D.

27.  S. Cowles, Ph.D.

28.  Lillian and Bruno Leou-on

Item 17

Precautionary Principle Program *

29.  Katherine R. Silberman

30.  David Chatfield

31.  Diane de Lara

32.  Judith Grant

33.  Susan Lee


Supplemental Reports and Communications #2 (PDF, 4 KB)

Item 12

Proposed Construction of Molecular Foundry

34.  Charles V. Shank

35.  Senate Armed-Services Committee Report 107-151

36.  “From the Lab to the Battlefield? Nanotechnology and Fourth-Generation Nuclear Weapons”

Item 13

Appeal: 2575-2577 San Pablo Avenue 

37.  Eleanor Gibson Item (PDF, 79 KB)

 

Adjournment

 

Adjourned at 11:19 p.m.