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Regular
Meeting eSummary |
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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:
*To read PDF files, download a free copy of Adobe Acrobat Reader. If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format. |
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SUMMARY
BERKELEY CITY COUNCIL REGULAR MEETING
Tuesday, April 1, 2003 – 7:00 p.m.
Preliminary Matters
Roll Call: 7:20 p.m. All present.
Ceremonial Matters: Proclamation declaring April 2003 as Fair Housing Month.
Action: Proclamation presented.
Comments from the City Manager: The Office of the City Manager and the Citizens Budget Review Commission are conducting a budget workshop on April 2 at the North Berkeley Senior Center from 7:00 to 9:00 p.m.
Comments from the Public: 11 speakers.
Comments from Youth: No speakers.
Consent Calendar
Action: Moved, seconded, and carried (Worthington/Maio) to adopt the Consent Calendar in one motion except as indicated:
1. Historical April 1st Agenda (PDF, 786 KB)
From: City Manager
Recommendation: In recognition of the 125th Anniversary of the incorporation of the City of Berkeley, accept a historical agenda, which presents actions taken by prior Town and City Councils at meetings held on April 1st in previous years.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved recommendation.
2. Waive Council Rules for Meeting of April 8, 2003 (PDF, 76 KB)
From: City Manager
Recommendation: Waive Council Rules of Procedure to allow action items be considered at the Council meeting of April 8, 2003.
Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved recommendation.
3. Approval of Minutes (PDF, 947 KB)
From: City Manager
Recommendation: Approve the minutes for Council meetings of March 18, 2003 a) work session and b) regular.
Contact: Contact: Sherry M. Kelly, City Clerk, 981-6900
Action: Approved minutes.
4. Lease: Trinity United Methodist Church (PDF, 1.7 MB) (First reading – Unanimous Vote)
From: City Manager
Recommendation: Adopt second 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 Ordinance No. 6,729-N.S. (PDF, 1 MB) Effective May 1, 2003.
5. Rental Housing Safety Program (PDF, 1 MB) (First reading – Noes – Breland; Abstain – Maio)
From: City Manager
Recommendation: Adopt second 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
Action: Adopted Ordinance No. 6,730-N.S. (PDF, 260 KB) and Ordinance No. 6,731 N.S. (PDF, 112 KB) Effective May 1, 2003.
6. Prohibit Use of Dangerous and/or Sharp Material on Fences (PDF, 151 KB) (First reading – Unanimous)
From: City Manager
Recommendation: Adopt second reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 23D.08.060.A to prohibit the use of dangerous and/or sharp material in or on top of fences in residential districts and amortize existing structures under a schedule.
Contact: Carol Barrett, Planning, 981-7400
Action: Removed from the Consent Calendar by Councilmember Maio. Moved, seconded, carried (Olds/Maio) rescinding the first reading of the Ordinance and remanding the matter to the Planning Commission for public hearing, noticing affected parties, and a report to Council within 90 days regarding adoption of an Ordinance including an amortization schedule.
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 56,508-N.S. to create a preferential parking zone in the vicinity of Old City Hall on Allston Way and Martin Luther King, Jr., Way that will provide temporary replacement parking for the Berkeley Unified School District (BUSD) during the construction of the Public Safety Building Project parking lot and perimeter landscaping.
Contact: Phil Kamlarz, Deputy City Manager, 981-7000
Action: Adopted Resolution No. 61,980-N.S. (PDF, 97 KB)
8. FY 2003 Appropriations Ordinance Amendment (PDF, 2 MB)
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2003 Annual Appropriations Ordinance, Ordinance No. 6693-N.S., for Fiscal Year 2003 based upon recommended re-appropriation of unexpended FY 2002 funding and other adjustments authorized since July 1, 2002, in the amount of $69,585,384.
Contact: Paul Navazio, City Manager, 981-7006
Action: Adopted first reading of the Ordinance. Second reading scheduled for April 8, 2003.
9. Crime Scene Supervisor Classification (PDF, 711 KB)
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 61,840–N.S., Classification and Salary Resolution for Local One Employees, to establish the classification of Crime Scene Supervisor effective April 1, 2003.
Contact: Nicki Spillane, Human Resources, 981-6800
Action: Adopted Resolution No. 61,981-N.S. (PDF, 138 KB)
10. Grant: Used Oil and Filter Recycling (PDF, 299 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1) submit grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act for the period of July 1, 2003 to June 30, 2008; 2) accept the grant in the amount of $32,243 for 2004; and 3) execute the resultant revenue agreements and any amendments.
Contact: Carol Barrett, Planning, 981-7400
Action: Adopted Resolution No. 61,982-N.S. (PDF, 118 KB)
11. Purchase Order: Alameda County CAL ID Computer Access Item (PDF, 118 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing an 1) increase to a purchase order to Alameda County for CAL ID Remote Access by $37,000 for a total amount not to exceed $62,000 for access to county computerized criminal records and 2) establish an annual Purchase Order in an amount not to exceed $80,000 to continue to access the county computerized criminal records for a total of 7 years from FY 2004 through FY 2010.
Contact: Roy Meisner, Police, 981-5900
Action: Adopted Resolution No. 61,983-N.S. (PDF, 80 KB)
12. Purchase Order: Alameda County AWS Computer Access (PDF, 131 KB)
From: City Manager
Recommendation: Adopt a Resolution authorizing an 1) increase to a purchase order to Alameda County for Automated Warrant System (AWS) formerly known as the Personal Identification Number (PIN) System by $50,000 for a total amount not to exceed $75,000 for access to the County computerized warrant records system and 2) establish an annual Purchase Order in an amount not to exceed $90,000 to continue to access the county computerized warrant records system for a total of 7 years from FY 2004 through FY 2010.
Contact: Roy Meisner, Police, 981-5900
Action: Adopted Resolution No. 61,984-N.S. (PDF, 87 KB)
13. Proclamation: Armenian Genocide Commemoration Day (PDF, 272 KB)
From: Councilmember Worthington
Recommendation: Approve a proclamation declaring April 24, 2003 Armenian Genocide commemoration day in Berkeley, to be presented at the April 8, 2003 meeting.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action: Approved proclamation to be presented on April 8, 2003.
14. Free the Cuban Five (PDF, 104 KB)
From: Councilmember Worthington
Recommendation: Send a letter to President Bush to Free the Cuban Five who are in U.S. federal prison.
Contact: Kriss Worthington, Councilmember District 7, 981-7170
Action: Removed from the Consent Calendar by Councilmember Wozniak and held over to the meeting of April 8, 2003.
15. Appeals: 1600 Shattuck Avenue
a. From: City Manager (PDF, 2 MB)
Attachments:
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Recommendation: Adopt a Resolution affirming the Zoning Adjustments Board (ZAB) approval of the Use Permit to establish a Sprint Wireless Communication Facility including 3 antennas on the rooftop and associated BTS (wireless telecommunications) equipment in the basement, UP# 02-10000053, and dismissing the appeal.
Contact: Carol Barrett, Planning, 981-7400
b. Appeals
2. Lawrence Teeter on behalf of TanyaTemkin, Val Peters, Emily Freeman and Melinda Lopez
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Contact: Sherry Kelly, City Clerk 981-6900
c. Communication
1. Addenda
to Appeal submitted by Frances Strassman, Shahram Shahruz, Kaoru Reynolds,
Simone Gaddini, Patricia Cloud, Daniel Wolfe
Part 1 (PDF, 13 MB)
| Part 2 (PDF, 9 MB)
Communications Part 3 (#3-18) (PDF, 6.4 MB)
3. Klaus Rudolph
4. Sarah Jones
5. Shahram Shahruz
6. Frances Strassman (6)
7. Melinda Lopez (2)
8. Cedar Street Homeowners Association
9. Romy Cochran
10. Saul Katz
11. Kyle Eggleston
12. Libby Kelley
13. Klaus Rudolph (2)
14. Gerard Hyland
15. Jeff Inman
16. Penny Hargreaves
17. Delbert Parkinson
18. William F. Allen
Communications Part 4 (#19-54) (PDF, 6.5 MB)
19. Sean Brient
20. Jeffrey N. Saret
21. Frances Strassman
22. Jingang Yi
23. Michael Pahl
24. Fariborz Nadi
25. Gabriel Gomes
26. Himanshu
27. Lesley A. Pulaski
28. Sriram C.K.
29. Kurosh Arianpour
30. Sepanta Sekhavat
31. Heidi Heejune Kim
32. Camille Howard
33. Balaji Kannan
34. Shahram Shahruz, Frances Strassman, Simone Gaddini (3)
35. Ali Imam
36. Riddhi Mehta
37. Kevin Sutton
38. Ahmed Shaer
39. Scott Wheeler (2)
40. Laura Munoz
41. Sue Beazley
42. Kay Bell
43. Mark Karwowski
44. Libby Kelley
45. Chris Pasarra
46. Adam Miller
47. Radi Free
48. Larry Thomas
49. Charlie Anderson
50. Ali Jabbari
51. Jennifer Chan
52. Balaji Kannan
53. Pauline Pewther-Property Manager, Keely Property Management
54. Sausedo Company, Dennis Martin for Sprint PCS
Action: Moved, seconded, and carried (Maio/Spring) to set the matter for public hearing on June 17, 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 – Public Hearing
16. Appeals: 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021) (This public hearing was continued from January 21, 2003, February 18, 2003, and March 18, 2003.)
a. From: City Manager (PDF, 1 MB) | Attachments (PDF, 7 MB) (April 1, 2003)
Recommendation: 1) Conduct a public hearing to consider: a) Project 1 – 2508 and 2514/16 Benvenue Avenue – Appeal of the Zoning Adjustments Board’s approval of a proposal to demolish 2 single-family dwellings at 2514 and 2516 Benvenue to allow for construction of a 5-story mixed-use building, to include 23 new dwelling units and 22 dormitory style beds (Group Living Accommodation); and at 2508 Benvenue, the renovation and reconfiguration of the existing apartment building to add 6 dwelling units to an existing 15-unit building for a total of 21 units (UP 01-10000075); and b) Project 2 – 2500 Benvenue Avenue – Appeal of the Zoning Adjustments Board’s approval of a proposal to renovate and reconfigure an existing apartment building at 2500 Benvenue Avenue to add 12 dwelling units to an existing 12-unit building for a total of 24 units (UP 02-10000021). 2) Upon conclusion of the public hearing, consider the findings contained in the staff report and public testimony and direct staff to prepare the appropriate project findings for Council’s action.
Contact: Carol Barrett, Planning, 981-7400
b. From: City Manager (PDF, 121 KB) (February 18, 2003)
Recommendation: Without taking public testimony, continue the public hearing to the meeting of March 18, 2003 to allow staff additional time to collect and analyze the information requested by the Council on January 21, 2003.
Contact: Carol Barrett, Planning, 981-7400
c. From: City Manager (PDF, 305 KB) (February 11, 2003)
Recommendation: Adopt a Resolution overturning the
decision of the Landmarks Preservation Commission to designate the buildings at
2514 and 2516 Benvenue Avenue as Structures of Merit.
Contact: Carol Barrett, Planning,
981-7400
d. From: City Manager (December 10, 2002)
Recommendation: Conduct a public hearing and upon conclusion: 1) Adopt a Resolution affirming the decision of the Zoning Adjustments Board, based on the attached record and findings and conditions, to approve the projects at 2508 and 2514 Benvenue Avenue – (Project 1 – Use Permit 01-10000075) and remanding the decision of the Landmarks Preservation Commission to designate the existing buildings at 2514 and 2516 Benvenue Avenue as Structures of Merit, with directions to vacate that designation due to the effect of Government Code Section 37361; and 2) Adopt a Resolution affirming the decision of the Zoning Adjustments Board, based on the attached record and findings and conditions, to approve the project at 2500 Benvenue Avenue (Project 2 – Use Permit 02-10000021) to allow the renovation and reconfiguration of an existing apartment building and add 12 new units.
Contact: Carol Barrett, Planning, 981-7400
e. Appeals (December 10, 2002)
1. Sharon Hudson–2508 and 2514 Benvenue Avenue–Use Permit 01-10000075 (ZAB) (PDF, 1.9 MB)
2. American Baptist Seminary of the West–2514 and 2516 Benvenue Avenue (LPC) (PDF, 6.2 MB)
3. Sharon Hudson–2500 Benvenue Avenue–Use Permit 02-10000021 (ZAB) (PDF, 2.1 MB)
Contact: Sherry Kelly, City Clerk 981-6900
f. Communications (PDF, 2.8 MB) (December 10, 2002–numbering follows original sequence)
1. Bjorn Poonen
2. Ron Weaver
3. Ian and April McDonald
4. Anand Kulkarni
5. Joseph Stubbs
6. David Levy
7. Sharon Hudson
8. Dianne Ayres
9. Tuan Nguyen
10. Carl Boe
11. John English
12. Paul Vojta
13. Elinor Roberts
14. Michelle Pellegrin
15. First supplement submitted by Sharon Hudson dated December 2, 2002
g. Supplemental Reports and Communications #1 (PDF, 1.2 MB) (December 10, 2002–numbering follows original sequence)
22. Revised Resolutions (2)
23. Karen Vuto
24. Abel M. Morales
25. Sally B. Woodbridge
26. Gabriel Hermelin
27. Margaret Keig
28. Marie Onwubuariri
29. Victor C. Magpoc
30. Richard Register
31. Whitney Bauman
32. Sally Sachs
33. Eileen M. Harrington
34. Contact: Roy Meisner, Police, 981-5700
35. Norman W. Brudigam, P.E.
36. Dianne Ayers
37. John Hykes
h. Supplemental Reports and Communications #2 (PDF, 756 KB) (December 10, 2002–numbering follows original sequence)
129. Sharon Hudson
130. Nancy Smith
131. Jon-Barrett Havrilesko
132. Jennifer Kaufer
133. Karen Kho
134. Michelle Holmes
135. Kathryn Choy-Wong
136. Karen DeWeese
137. Benvenue Neighbors Association
i. Supplemental Reports and Communications #3 (PDF, 469 KB) (December 10, 2002–numbering follows original sequence)
154. Planning Department Revised Resolutions
155. Landmarks Preservation Commission
j. Communications (January 21, 2003–numbering follows original sequence)
1. David Levy (including updated drawings submitted by Aran Kaufer) (PDF, 4.9 MB)
2. Jerry Sulliger (2) (PDF, 187 KB)
3. Second supplement submitted by Sharon Hudson dated January 9, 2003 (PDF, 7 MB)
4. Hearst-Curtis-Delaware Neighborhood Association (PDF, 52 KB)
5. John Caner (2) (PDF, 252 KB)
6. Third supplement submitted by Sharon Hudson dated January 13, 2003 (PDF, 3.6 MB)
k. Supplemental Reports and Communications #1 (PDF, 779 KB) (January 21, 2003–numbering follows original sequence)
11. Margaret Keig
12. Jeremy Balder
13. Jon Vicars
14. Matthew O’Hara
15. Sharon Hudson (2)
16. Kurt Schoeneman
17. Kathryn Choy-Wong
18. Laszlo Bonnyay
19. Nancy Smith
l. Supplemental Reports and Communications #2 (PDF, 5.7 MB) (January 21, 2003–numbering follows original sequence)
21. Revised Resolution
22. Carol D. Barrett, Planning – Recommendations for Project No.’s 1 and 2.
23. Sally K. Sachs
24. “Dwight-on-the-Park”
25. “In Berkeley, Strollers Find Art with Curb Appeal”
m. Communications (February 11, 2003–numbering follows original sequence)
34. Sharon Hudson (PDF, 369 KB)
n. Communications (March 18, 2003–numbering follows original sequence)
1. Jane C. Redmont (PDF, 83 KB)
4. Doug Buckwald (PDF, 111 KB)
5. Sharon Hudson (PDF, 4.8 MB)
6. Morrison & Foerster, LLP (PDF, 7.6 MB)
7. Althea Grannum-Cummings (PDF, 34 KB)
o. Supplemental Reports and Communications #1 (PDF, KB) (March 18, 2003–numbering follows original sequence)
8. David C. Levy (4)
9. Nancy E. Hall
10. Sharon Hudson (3)
p. Communications (April 1, 2003)
1. Sharon Hudson (2): Part 1 (PDF, KB) | Part 2 (PDF, KB)
Public Testimony: The Mayor opened the public hearing and heard from speakers. Moved, seconded, carried (Olds/Hawley; Abstain -Worthington) to close the public hearing for purposes of hearing public testimony and leaving the record open for the limited purposes of allowing the Council to elicit additional information by questions to the staff or public.
Actions: Moved, seconded, carried (Hawley/Breland; Noes – Worthington; Wozniak) a sense motion to direct staff to return with findings at the meeting of April 8, 2003 that will allow the Council to adopt the Mitigated Negative Declaration and approve the proposed renovation and reconfiguration of the existing apartment building at 2508 Benvenue Avenue to add 6 dwelling units to an existing 15-unit building for a total of 21 units and to renovate and reconfigure an existing apartment building at 2500 Benvenue Avenue to add 12 dwelling units to an existing 12-unit building for a total of 24 units.
Moved, seconded, carried (Maio/Breland) to schedule a closed session for April 7, 2003 and to hold over discussion and action on the proposal to demolish 2 single-family dwellings at 2514 and 2516 Benvenue Avenue to allow for construction of a 5-story mixed-use building to include 23 new dwelling units and 22 dormitory style beds to the meeting of April 8, 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 – New Business
17. Traffic Mitigation Measures*
a. From: Vice Mayor Shirek (PDF, 104 KB)
Recommendation: Adopt a Resolution approving the construction of standard traffic circles at the intersections of Russell and Fulton Streets, Russell and Ellsworth Streets, Ward and Fulton Streets, Ward and Ellsworth Streets, and Stuart and Fulton Streets.
Contact: Maudelle Shirek, Councilmember District 3, 981-7130
b. From: City Manager (PDF, 225 KB)
Recommendation: Reaffirm the position the Council took on October 15, 2002 whereby semi-permanent traffic circles would be installed in the Willard and LeConte neighborhoods at locations where 65% or more of the survey respondents voiced support for the proposed circles.
Contact: Peter Hillier, Transportation, 981-7000
Actions: Moved, seconded, (Hawley/Olds) a main motion to approve the recommendation of the City Manager.
Moved, seconded, carried (Worthington/Maio; Noes-Hawley, Olds; Absent-Bates) a substitute motion adopting Resolution No. 61,985-N.S. (PDF, 88 KB) to approve traffic circles at locations as recommended by Councilmember Shirek and referring the funding and the determination as to whether or not the circles will be permanent or semi-permanent to the budget process. (Mayor Bates recused himself based on the fact that he lives within 500 feet of this area).
Information Reports
18. Investment Report: Quarter Ending December 31, 2002 (PDF, 2 MB)
From: City Manager
Contact: Fran David, Finance, 981-7300
Action: Received and filed.
From: City Manager
Contact: Carol Barrett, Planning, 981-7400
Action: Received and filed.
20. Installation of Curb Ramps within Crosswalks (CF 189-02) (PDF, 191 KB)
From: Public Works Commission
Contact: Jeff Egeberg, Secretary, 981-6406
Action: Received and filed.
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations.
March 18, 2003 Special Meeting – Oxford Lot
1. Barbara Gilbert
American Capital of Culture
2. Xavier Tudela
War Against Iraq
3. Thomas Anderson
Truck Shipments from LBNL Building 51
4. Robin Wendt
Boycott of Claremont Hotel
5. Tom Campbell
6. Robert M. Berdahl
Homeless Programs
7. Bill Brinton and Jim Hultman (2)
Housing Authority Representative Reassignment
8. Miles Levinkind
Item 15
Appeals: 1600 Shattuck Avenue (PDF, 2 MB)
9. Melinda E. Lopez
10. Robert Riedlinger
11. Simone Gaddini
12. Yashesh Shroff
13. Carolyn Sweeney
14. Jingang Yi, PhD
15. Shahram Shahruz (2)
16. Frances Strassman (2)
17. Leonard Schwartzburd
18. Frank Harris
19. Kathleen Taylor
20. Laura Munoz
21. Kai Shen
Item 16
22. Morrison & Foerster, LLP
23. Joe Douangphayvan
24. Kevin Moore
25. Roger Van Ouytsel
Item 17
Traffic Mitigation Measures*
26. Lisa Bullwinkel
27. Jim Hultman (2)
Item 6
Prohibit Use of Dangerous and/or Sharp Material on Fences
28. Leslie Johnson
Item 15
Appeals: 1600 Shattuck Avenue (PDF, 234 KB)
29. Lawrence Teeter
Item 16
Appeals: 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)
30. Presentation by Appellant:
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Item 17
Traffic Mitigation Measures*
31. George Conklin
Adjournment
Adjourned: 12:08 a.m.