Regular Meeting eSummary
April 8
, 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.

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SUMMARY

BERKELEY CITY COUNCIL REGULAR MEETING

Tuesday, April 8, 2003 – 7:00 p.m.

Preliminary Matters

Roll Call:  7:20 p.m.,  All Present

Ceremonial Matters:

1.                  Proclamation declaring April 24, 2003 Armenian Genocide Commemoration Day

2.                  Proclamation for 2003 Holocaust Remembrance Day

3.                  Commendation from Alameda County for City’s Lead Abatement Work

4.                  Proclamation declaring April 7 –13th as Public Health Week

5.                  Proclamation celebrating Karl Linn’s 80th Birthday.

Action: Presented proclamations and commendation.

Comments from the City Manager:

1.      The 18th Annual Berkeley Bay Festival will be held at the Berkeley Marina on Saturday, April 26th from 12 p.m. to 5 p.m. For additional information call 644-8623.

2.      Rebuilding Together is recruiting volunteers to fix up, paint and renovate homes belonging to low-income, elderly and disabled homeowners in the Berkeley and Albany communities.  Volunteers also work on schools and other buildings belonging to non-profit community agencies.  On Saturday, April 26th, employees of the City and UC will be working on the Willard Middle School.  Contact Janet Kennedy in the Housing Department for information.

Comments from the Mayor:

1.      Lawrence Berkeley National Laboratory (LBNL) has agreed to hold a public meeting on the plans for the Molecular Foundry on May 8th at 7:30 p.m. at the Strawberry Canyon Recreation Center. 

Comments from the Public:  10 speakers.

Consent Calendar

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

1.      Approval of Minutes (PDF, 1 MB)

From: City Manager

Recommendation:  Approve the minutes for Council meetings of March 25, 2003 a) work session and b) regular.

Contact: Contact:  Sherry M. Kelly, City Clerk, 981-6900

Action:  Approved minutes.

2.      Needle Exchange (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 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. 61,986-N.S. (PDF, 99 KB)

3.      FY 2003 Appropriations Ordinance Amendment  (PDF, 2 MB) (First and Second readings – Unanimous)

From: City Manager

Recommendation:  Adopt second 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 Ordinance No. 6732-N.S. (PDF, 587 KB) Effective May 8, 2003.

4.      Computer Replacement Fund (PDF, 331 KB)

From: City Manager

Recommendation:  Adopt a Resolution establishing Fund 873 as the Computer Replacement Fund for the purpose of accounting for revenues from computer replacement contributions made by departments and expenditures for citywide computer and server replacement purchases.

Contact: Phil Karmlarz, City Manager, 981-7000

Action:  Adopted Resolution No. 61,987-N.S. (PDF, 97 KB)

5.      Oakland Berkeley Recycling Market Development Zone (PDF, 396 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) authorizing the City of Oakland to submit a Recycling Market Development Zone(RMDZ) renewal application to include the cities of Berkeley and Oakland and 2) agreeing to administer the RMDZ program in a manner that seeks to ensure the fair treatment of people of all races, cultures and incomes, including but not limited to soliciting public participation in all communities within the RMDZ.

Contact: Tom Myers, Economic Development, 981-7500

Action:  Adopted Resolution No. 61,988-N.S. (PDF, 161 KB)

6.      Contract: Delta Dental Plan Rate Increase (PDF, 183 KB)

From: City Manager

Recommendation:  Adopt a Resolution approving a rate increase for the Delta Dental Plan for Group 8367-15 effective January 1, 2003 and authorizing the City Manager to execute a contract and any amendments.

Contact: Nicki Spillane, Human Resources, 981-6800

Action:  Adopted Resolution No. 61,989-N.S. (PDF, 68 KB)

7.      Contract: Purchase of AS/400 Server (PDF, 271 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to enter into an agreement with ESI Inc. for the purchase of an IBM AS/400 server for the City’s FUND$ financial system for a total contract amount of $600,000, for the period of April 15, 2003 to December 31, 2007.

Contact: Chris Mead, Information Technology, 981-6500

Action:  Adopted Resolution No. 61,990-N.S. (PDF, 61 KB)

8.      Contract: Street Rehabilitation FY 2003 Phase I Project (PDF, 759 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2003 Phase I Project; 2) accepting the bid of MCK Services, Inc.; and 3) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $862,841 for the period of 120 calendar days.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,991-N.S. (PDF, 97 KB)

9.      Contract: Restrooms and Lobby Renovations at the Mental Health Clinic (PDF, 244 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) approving plans and specifications for restrooms and lobby renovations at the Mental Health Clinic; 2) waiving permit fees; 3) accepting the bid of Eternal Construction, Inc.; and 4) authorizing the City Manager to execute a contract and any amendments in an amount not to exceed $97,920.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,992-N.S. (PDF, 93 KB)

10.  Contract: Landfill Disposal Agreement (PDF, 278 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to execute an amendment to the solid waste disposal contract with Republic Services, Inc. to allow the City to use additional solid waste disposal sites located at West Contra Costa Sanitary Landfill in the amount of $38.75 per ton, and Potrero Hills Landfill in the amount of $27.21 per ton.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,993-N.S. (PDF, 86 KB)

11.  Non-Exclusive Rubbish Hauling Franchises (PDF, 456 KB)

From: City Manager

Recommendation:  Adopt a Resolution: 1) declaring intention to grant non-exclusive rubbish collection and transportation franchises for an indeterminate period to Bay View Refuse, Inc., Berkeley Sanitary Service, Biagini Waste Reduction Systems, Inc., U.S. Eagle, Inc., and Waste Management of Alameda County, Inc.; 2) scheduling a public hearing on May 20, 2003 for each franchise; and 3) waiving the Council rule prohibiting Council action on the same night as the public hearing.

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Adopted Resolution No. 61,994-N.S. (PDF, 136 KB)

12.  Grant:  Fund Allocations for Bicycle and Pedestrian Project in FY 2004 (PDF, 759 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to 1) submit a grant application for $61,033 to the Metropolitan Transportation Commission for Transportation Development Act Article 3 funds in FY 2004 for two projects, Bicycle Safety Education and Pedestrian Planning; 2) accept the grant and execute and resultant agreements and amendments; and 3) implement the projects, subject to securing the grants.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Adopted Resolution No. 61,995-N.S. (PDF, 672 KB)

13.  Grant:  State Bicycle Transportation Account, Ninth Street Bicycle Path Construction (PDF, 262 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the City Manager to: 1) submit a grant application to the California Department of Transportation’s Bicycle Transportation Account for funds in the amount of $600,000 in FY 2003 for the construction phase of the Ninth Street Bicycle Path; 2) accept the grant, and execute any resultant revenue agreements and amendments; and 3) implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Contact: Peter Hillier, Transportation, 981-7000

Action:  Adopted Resolution No. 61,996-N.S. (PDF, 132 KB)

14.  Proclamation: Honor the 25th Anniversary of the Berkeley Historical Society (PDF, 136 KB)

From: Mayor Bates

Recommendation:  Approve a Proclamation recognizing April 27, 2003 as the 25th Anniversary of the Berkeley Historical Society.

Contact: Tom Bates, Mayor, 981-7100

Action:  Approved proclamation.

15.  Statewide Rally to Support Public Education (PDF, 154 KB)

From: Mayor Bates

Recommendation:  Adopt a Resolution supporting a May 8th rally in Sacramento to protest the Governor’s proposed education cuts while he increases prison funding.

Contact: Tom Bates, Mayor, 981-7100

Action:  Adopted Resolution No. 61,997-N.S. (PDF, 90 KB)

16.  Fee Waiver: Berkeley High School Parent Resource Center 3rd Annual Awards Dinner and Program (PDF, 71 KB)

From: Councilmembers Breland and Maio

Recommendation:  Adopt a Resolution waiving the fees and insurance costs for use of the North Berkeley Senior Center on May 9, 2003 by the Berkeley High School Parent Resource Center for its 3rd Annual Awards Dinner and Program for parent volunteers, teachers, students, staff and community members.

Contact: Margaret Breland, Councilmember District 2, 981-7120; Linda Maio, Councilmember District 1, 981-7110

Action:  Adopted Resolution No. 61,998-N.S. (PDF, 65 KB)

17.  Bancroft and Telegraph Food Cart Vendors (PDF, 58 KB)

From: Councilmember Worthington

Recommendation:  Support retaining two existing Bancroft and Telegraph food cart vendors until end of year.

Contact: Kriss Worthington, District 7, 981-7170

Action:  Held over by Councilmember Worthington to the meeting of May 13, 2003.

18.  Excess Profits Tax (PDF, 78 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution and send letters to U.S. Representative Barbara Lee, U.S. Senator Barbara Boxer and U.S. Senator Diane Feinstein urging Congress to pass an Excess Profits Tax (taxes on a high percent of excess profits on contracts for the war).

Contact: Kriss Worthington, District 7, 981-7170

Action:  Adopted Resolution No. 61,999-N.S. (PDF, 120 KB)

19.  Fee Waiver: Interfaith Women for Peace Mother's Day Celebration and Proclamation for Creative Force for Peace and Justice (PDF, 162 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all permit and sound fees for the Interfaith Women for Peace Mother’s Day Celebration on Sunday, May 11, 2003, and approve a Proclamation for Mother’s Day to celebrate mothers and their families as a creative force for peace and justice.

Contact: Kriss Worthington, District 7, 981-7170

Action:  Adopted Resolution No. 62,000-N.S. (PDF, 75 KB)

20.  Fee Waiver: People's Park 34th Anniversary (PDF, 61 KB)

From: Councilmember Worthington

Recommendation:  Adopt a Resolution waiving all fees for event, food, sound permits, and insurance associated with the People’s Park 34th Anniversary Street Fair and Concert on Sunday, April 27th and approve the City’s provision of the following in-kind services: four portable toilets provided by Public Works, dumpster and Solid Waste Services, and traffic engineering for the closure of Haste (between Bodwitch and Dana).

Contact: Kriss Worthington, District 7, 981-7170

Action:  Adopted Resolution No. 62,001-N.S. (PDF, 58 KB)

21.  Proclamation: 2003 Holocaust Remembrance Day (PDF, 217 KB)

From: Councilmember Worthington

Recommendation:  Approve the Holocaust Remembrance Day Proclamation.

Contact: Kriss Worthington, District 7, 981-7170

Action:  Approved proclamation.

22.  Proclamation: Pacific Center 30th Anniversary (PDF, 223 KB)

From: Councilmember Worthington

Recommendation:  Approve a Proclamation for the 30th Anniversary of the Pacific Center.

Contact: Kriss Worthington, District 7, 981-7170

Action:  Approved proclamation.

23.  Customer Service: Cash Receipts / Cash Handling Audit (PDF, 2 MB)

From: City Auditor

Recommendation:  Request the City Manager report back on September 16, 2003, (and every five months thereafter) regarding the implementation of each of the Auditor’s recommendations until all recommendations have been implemented.

Contact: Ann-Marie Hogan, City Auditor, 981-6750

Action:  Removed from the Consent Calendar by Councilmember Wozniak.  Moved, seconded, carried (Wozniak/Breland; Absent – Worthington) to approve recommendation.

24.  Ballot Measure: Modifying Formula for the Calculation of the Annual General Adjustment of Rent Ceilings (PDF, 678 KB)

From:  Rent Stabilization Board

Recommendation:  Consider placement on the ballot of the November 2004 General Municipal Election an Ordinance to amend Berkeley Municipal Code Section 13.76.110, The Rent Stabilization Ordinance, in order to modify the method for calculating the annual general adjustment of rent ceilings by providing that the adjustment shall be 65% of the increase in the prior year’s consumer price index.

Contact:  Jay Kelekian, Executive Director, Rent Board, 644-6128; Donald Tine, Staff Attorney, 644-6128; Max Anderson, Chair, Rent Board, 644-6128

Action:  Approved recommendation to direct staff to include an amendment to the ordinance on the November 2004 ballot.

Action Calendar – Public Hearing

25.  Terminating a Non-Exclusive Franchise for Rubbish Hauling to Handy Can of Berkeley (PDF, 569 KB)

From: City Manager

Recommendation:  Conduct a public hearing and upon conclusion, adopt a first reading of an Ordinance, repealing Ordinance 6564–N.S. granting a non-exclusive franchise for rubbish hauling, and terminating the franchise with Handy Can of Berkeley.

Contact: Rene Cardinaux, Public Works, 981-6300

Public Testimony:  The Mayor opened the public hearing.  No speakers.  Moved, seconded, carried (Spring/Breland) to close the public hearing.

Action:  Moved, seconded, carried (Maio/Breland) to adopt first reading of an Ordinance.  Second reading scheduled for May 13, 2003.

Action Calendar – Old Business

26.  Decision on Appeals:  2508-2514-2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021)

 

At the meeting of April 1, 2003 the Council closed the public hearing for purposes of hearing public testimony and left the record open for the limited purposes of allowing the Council to elicit additional information by questions to the staff or public.

 

The Council directed staff to return with findings at the meeting of April 8, 2003 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. 

 

At the meeting of April 8, 2003 Council will also discuss and may take 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.

a.     From:  City Manager (PDF, 1 MB) (Report of April 8, 2003 to be delivered)

Recommendation:  1) For the proposed project at 2500 and 2508 Benvenue, adopt a Resolution adopting the Mitigated Negative Declaration, approving the use permits, and dismissing the appeal.  2) For the proposed project at 2514 and 2516 Benvenue, continue Council’s discussions and direct staff to prepare appropriate findings.
Contact:  Carol Barrett, Planning, 981-7400

b.     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

Actions:  Moved, seconded, carried (Spring/Maio; Abstain – Breland, Worthington) to adopt Resolution No. 62,002-N.S. (PDF, 919 KB) adopting the Mitigated Negative Declaration, approving the Use Permits for the proposed project at 2500 and 2508 Benvenue Avenue, dismissing the appeal and amending Condition 25 to change the word “new” to “additional” and Condition 27 to encourage construction parking to stay on site and avoid, if possible, parking on Dwight Way.

Moved, seconded, carried (Wozniak/Maio; Noes – Breland, Hawley, Abstain – Worthington) to continue the public hearing on the proposed project for 2514 and 2516 Benvenue for the preparation of an Environmental Impact Report (EIR) to analyze the project’s impacts on traffic, historical resources, if any, and other matters as appropriate.  With respect to the buildings at 2514 and 2516 Benvenue, the EIR should authoritatively address whether those buildings are historical resources for purposes of CEQA.

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.

27.  Free the Cuban Five  (PDF, 104 KB) (Removed from Consent Calendar by Councilmember Wozniak on April 1)

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:  Moved, seconded, carried (Wozniak/Hawley) to refer to the Peace and Justice Commission for their recommendation.

Action Calendar – New Business

28.  Write-off of Uncollected Accounts Receivable (PDF, 906 KB)

From: City Manager

Recommendation:  Adopt a Resolution authorizing the write-off of uncollected customer accounts in the amount of $526,645.

Contact: Fran David, Finance, 981-7300

Action:  Moved, seconded, carried (Wozniak/Maio; Absent – Olds) to adopt Resolution No. 62,003-N.S. (PDF, 71 KB)

29.  Community Process to Designate a Major Street in Honor of Cesar Chavez* (PDF, 67 KB)

From: Councilmember Worthington

Recommendation:  Refer to Mayor Bates, Councilmembers Maio and Worthingtion the establishment of a community planning process to select and designate a major street in honor of Cesar Chavez to be included in the City’s 2-year work plan.

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

Action:  Moved to the Consent Calendar by Councilmember Spring forming a Council subcommittee consisting of Mayor Bates and Councilmembers Maio, Olds and Worthington.

Action Calendar – Time Critical

30.  Fee Waiver:  Art for Peace  (PDF, 188 KB)

From:  Councilmember Spring

Recommendation:  Adopt a Resolution waiving permit fees for use, sound and insurance for the Art for Peace Event to be held in Martin Luther King Jr. Park on May 3, 2003 between the hours of 9 a.m. to 6 p.m.

Contact:  Dona Spring, Councilmember, District 4, 644-6266

Action:   Moved to the Consent Calendar by Councilmember Spring and adopted Resolution No. 62,004-N.S. (PDF, 49 KB) (Noes – Olds)

Information Reports

31.  Berkeley's Best Builders Status Report (PDF, 494 KB)

From: City Manager

Contact: Tom Myers, Economic Development, 981-7500

Action:  Received and filed.

32.  Formal Bid Solicitations and Request for Proposals (PDF, 284 KB)

From: City Manager

Contact: Fran David, Finance, 981-7300

Action:  Received and filed.

33.  2003 Cash for Trash Contest (PDF, 133 KB)

From: City Manager

Contact: Rene Cardinaux, Public Works, 981-6300

Action:  Received and filed.

Supplemental Agenda Item

The following item is added to the Consent Calendar:

34.  Lease Agreement: 2121 Allston Way (PDF, 2 MB)

From: City Manager

Recommendation:  Adopt a first reading of an ordinance authorizing the City Manager to execute a six-month lease agreement and any necessary amendments with The Magnes Museum for real property located at 2121 Allston Way, in an amount not to exceed $100,000 which includes monthly lease payments, operating expenses, property taxes, insurance and minor tenant improvements to accommodate office space for the staff of Public Works Capital Improvement Projects (CIP), and Engineering divisions, Parks & Recreation and other personnel and activities as may be required.

Contact: John Rosenbrock, Capital Projects, 981-6331 and Rene Cardinaux, Public Works, 981-6300

Action:  Adopted first reading of the Ordinance. Second reading scheduled for May 13, 2003.

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.

Aquatic Park (Spring, Maio)

1.      Mark Liolios

Live Electrical Wire (Breland)

2.      Joseph J. Deringer

National Tritium Labeling Facility/Lawrence Berkeley National Laboratory

3.      Gary H. Zeman

Jobs Consortium

4.      Socorro C. McAuliffe

Solano Stroll

5.      Barbara Gilbert

Full-size Diesel Buses and Vehicular Impacts on Gilman and Hopkins Street (Maio)

6.      Jim Offel, Kate Nichol and Laura Stock for the Livable Streets Network

Environmentalists Against War

7.      Martin Bourque


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

Item 1

Approval of Minutes

8.      Revised Report (PDF, 128 KB)

Item 18

Excess Profits Tax

9.      Revised Report (PDF, 171 KB)

Item 26

Appeals: 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021) (PDF, 10 MB)

10.  Sharon Hudson and David Baker, transcript of BNA presentation on April 1, 2003

11.  Sharon Hudson (9)

12.  David Levy (6)

13.  Joseph Stubbs

14.  Shirley Dean

15.  John Haag

16.  Carol Boe

Item 27

Free the Cuban Five

17.  Bob Jacobson


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

Item 21

Proclamation: 2003 Holocaust Remembrance Day

18.  Proclamation (PDF, 171 KB)

Item 26

Appeals: 2508 –2514 - 2416 Benvenue Avenue (Project 1, Use Permit 01-10000075) and 2500 Benvenue Avenue (Project 2, Use Permit 02-10000021) (PDF, 1 MB)

19.  John S. English

20.  Alta Gerrey

21.  Sharon Hudson

 

West Campus Pool

22.  Gail Alcock

 

Emergency Resolution on Police Conduct

23.  Meiklejohn Civil Liberties Institute

 

Adjournment

Adjourned at 9:07 p.m.