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AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
DECEMBER 11, 2001
Roll Call: 7:00 p.m.
Ceremonial Matters: In
addition to those items listed on the agenda, the Mayor may add
additional ceremonial matters.
-
Proclamation
Honoring Barbara Oliver
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Commendations
to the Berkeley Dragon Boat Team
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Welcome
to Franklin Microsociety Magnet School
Comments from the City Manager:
The City Manager may make
announcements or provide
information to the City Council in the form of an oral
report. The Council will not
take action on
such items but may request the City Manager place a report on a future
agenda for discussion.
Comments from the Public: A
total of thirty (30) minutes is scheduled.
Each speaker is
limited to a maximum of three (3) minutes.
Youth Forum: A
total of fifteen (15) minutes is designated to allow youth an opportunity
to
address the Council.
Each speaker is limited to a maximum of three (3) minutes.
Council Action: The
City Council may take action related to any subject listed on the Agenda.
The Council will consider removal and addition of items
to the Consent Calendar prior to voting
on
the Consent Calendar. All
items remaining on the Consent Calendar will be approved in one
motion. Items removed from
the Consent Calendar will be taken up after the “Action Calendar”
unless the Council reorders the agenda.
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Needle
Exchange Emergency Distribution
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
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Minutes
for Approval
From: City Manager
Recommendation: Approve
the minutes for Regular Council meeting of November 13, 2001.
Contact: Sherry M.
Kelly, City Clerk, 981-6900
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Waive Council
Rules for December 18th Council Meeting
From: City Manager
Recommendation:
Waive Council Rules to allow the City Manager to place priority
action items on the agenda for the meeting of December 18, 2001.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
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Annual
Appropriations Ordinance Amendment (first reading 11/27/01 –
unanimous)
From:
City Manager
Recommendation:
Adopt
second reading of an Ordinance amending FY 2002 Annual Appropriations
Ordinance No. 6553-N.S. based upon recommended re-appropriation of
unexpended FY 2001 funding changes in the amount of $53,596,327.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7006
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Settlement
Authority of City Attorney (first
reading 11/27/01 – unanimous)
From:
City Manager
Recommendation:
Adopt
second reading of an Ordinance amending Berkeley Municipal Code (BMC)
Section 7.12.020 to increase the City Attorney’s administrative
settlement authority for public liability claims and litigation from
$4,999 to $15,000, and to clarify authorized expenditures for legal
services.
Contact:
Manuela Albuquerque, City Attorney, 981-6950
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Referendum
Petition on Redistricting Ordinance (first
reading 11/27/01 – unanimous)
From:
City Manager
Recommendation:
Adopt second reading of an Ordinance repealing Ordinance
No. 6657-N.S., Adjustments to City Council District Boundaries.
Contact: Sherry M. Kelly, City Clerk, 981-6900
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Disabled Access
Ramps
From:
City Manager
Recommendation:
Adopt first reading of an Ordinance amending Berkeley Municipal
Code (BMC) Section 23D.04.030.A.2. to allow ramps/lifts over 30 inches
in height within the front yard or exterior side yard setback in all
residential zones as a ministerial permit.
Contact: Carol Barrett, Planning & Development, 705-8102
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Reasonable
Accommodation Access to Fair Housing
From: City Manager
Recommendation:
Adopt first reading of an Ordinance adding Chapter 23B.52 to
the Berkeley Municipal Code (BMC) to provide an opportunity for
reasonable accommodation in the application of the City’s land use
regulations by allowing for the modification of the zoning and
subdivision regulations for persons with disabilities seeking access
to housing without the necessity of obtaining a variance or use
permit.
Contact: Carol Barrett, Planning & Development, 705-8102
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Contract:
Sanitary Sewer Project
From: City Manager
Recommendation:
Adopt a Resolution 1) approving plans
and specifications for the sanitary sewer project at Cragmont Avenue,
Santa Barbara Road, Dwight Way and Warring Street; 2) accepting the
bid of J. Howard Engineering, Inc.; and 3) authorizing the City
Manager to execute a contract and any amendments in an amount not to
exceed $1,387,161, for a period of 150 calendar days.
Contact:
Rene Cardinaux, Public Works, 981-6300
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Purchase Order:
Compressed Natural Gas Street Sweepers
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid procedures of the
City/County of San Francisco to satisfy the requirements of Berkeley
Charter Section 67, and authorizing a purchase order with GCS Western
Power and Equipment in an amount not to exceed $420,000 for two CNG
powered street sweepers.
Contact:
Rene Cardinaux, Public Works, 981-6300
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Purchase Order:
Compressed Natural Gas Aerial Bucket Truck
From: City Manager
Recommendation:
Adopt a Resolution accepting the bid procedures of the
City/County of San Francisco to satisfy the requirements of Berkeley
Charter Section 67, and authorizing a purchase order with Pacific
Utility Equipment Company in an amount not to exceed $175,500 for a
CNG aerial bucket truck.
Contact:
Rene Cardinaux, Public Works, 981-6300
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Definition and
Regulation of Smoke Shops
From: City Manager
Recommendation:
1) Adopt first reading of an
Ordinance amending Berkeley Municipal Code (BMC) Section 23E.36.030,
Section 23E.40.030, Section 23E.44.030, Section 23E.48.030, Section
23E.52.030, Section 23E.56.030, Section 23E.60.030, Section
23E.68.030, Section 23E.64.030, to prohibit smoke shops with 1,400
feet of a school or park, to require a use permit for smoke shops, to
add a new definition of smoke shop to Subtitle 23F, and to delete the
portion of Section 23E.56.030 dealing with tobacco products and
associated merchandise.
Contact: Carol Barrett, Planning and Development, 705-8102
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Volt Temporary
Employment Agency Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing expenditures up to $44,000
for Volt Services Group, Inc. for temporary employment services for
the Parks Department for the period July 1, 2001 to June 30, 2002.
Contact:
Lisa Caronna, Parks and Waterfront, 91-6700
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Appleone
Temporary Employment Agency Services
From: City Manager
Recommendation:
Adopt a Resolution authorizing expenditures up to $45,000
for Appleone Employment Agency for temporary employment services for
the Parks Department for the period July 1, 2001 to June 30, 2002.
Contact:
Lisa Caronna, Parks and Waterfront, 91-6700
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Lease: Police Substation
From: City Manager
Recommendation:
Adopt first reading of an Ordinance authorizing the City
Manager to execute a lease agreement with Huck Rorick and Judith Ann
Meyer for the Police Substation located at 3140 Martin Luther King Jr.
Way and 3192 Adeline St., in an amount not to exceed $262,000 for a
period of eighteen months with an option to extend an additional ten
months.
Contact:
Dash Butler, Police Chief, 981-5700
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Contract:
Savo Island Project Area Loan
From: City Manager
Recommendation:
Adopt a Resolution authorizing a loan agreement between the
Berkeley Redevelopment Agency and the City Retiree Medical Trust Fund
in the amount of $600,000 to provide assistance to affordable housing
developments located in the Savo Island Project Area.
Contact: Phil Kamlarz, Deputy City Manager, 981-7006
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Contract:
Americorps National Civilian Community Corps Service Project
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute a
contract with AmeriCorps National Civilian Community Corps for
neighborhood disaster preparedness organizing, at no cost to the City,
for a period of twelve weeks beginning in late January.
Contract: Arrietta Chakos, City Manager, 981-7000
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State Parks
Bond Allocation for Aquatic Park Improvements
From: Councilmember Breland
Recommendation:
Pursue a special allocation for
Aquatic Park in the California State Legislature, selling the proposed
2002 State Parks Bond Allocation as a way to improve regional
recreation.
Contact:
Margaret Breland, Councilmember District 2, 981-7120
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Budget
Referral: Citywide Creeks
and Watersheds Coordinator and Task Force
From: Councilmember Maio and Mayor Dean
Recommendation:
Refer to the budget process the
establishment of a Creeks and Watersheds Coordinator in the Parks and
Waterfront Department whose duties would include pursuing grants, and
form a stakeholder task force (not to include Council-members) to plan
the future of our creeks, further creek maintenance, daylighting and
creek health, and to address creek and watershed-related issues.
Contact: Linda Maio, Councilmember District 1, 981-7110; Shirley Dean,
Mayor, 981-7100
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Fee Waiver:
KPFA Meetings
From: Councilmember Worthington
Recommendation:
Adopt a Resolution waiving fees for
KPFA’s meetings at North Berkeley Senior Center regarding the
resolution of the crisis at Pacifica Radio.
Contact: Kriss Worthington, Councilmember District 8, 981-7180
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Support
High-Speed Rail Transit in Bay Area
From: Mayor Dean
Recommendation:
Adopt
a Resolution supporting a new transbay intercity rail crossing and a
direct high speed service route between San Francisco-East
Bay-Sacramento; and directing the City Clerk forward the Resolution to
Governor Davis, the High-Speed Rail Transit Authority, Sacramento and
Washington representatives, and state and federal lobbyists.
Contact:
Shirley Dean, Mayor, 981-7100
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Regulations of
Psychic Consultation in Berkeley
From: Mayor Dean
Recommendation:
Request the City Manager review the question of regulating the
practice of extrasensory and psychic consulting in Berkeley and report
back to Council with recommendations.
Contact:
Shirley Dean, Mayor, 981-7100
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Public Hearing
on Public Safety Antenna
From: Councilmember Spring
Recommendation:
Set a public hearing early on January
22nd regarding the findings of the consultants on the
Public Safety Building antenna.
Contact:
Dona Spring, Councilmember District 4, 981-7140
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NEQSS
Environmental Impact Report
From: Councilmember Spring
Recommendation:
Request the City Manager write to UC
Chancellor Berdahl and Vice Chancellor Denton and the UC Board of
Regents asking that they recirculate a revised draft Environmental
Impact Report (DEIR) and request that after the final EIR is published
that the public and the Council be given a month to review the
documents before they are brought to the Regents for final
certification.
Contact:
Dona Spring, Councilmember District 4, 981-7140
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Presentation:
Wireless Telecommunications Facilities Ordinance (to be
delivered)
From: Councilmember Maio
Recommendation:
Approve a ten minute presentation by
Kevin and Constance Sutton and other members of their citizens’
group concerning proposed amendments to the Wireless
Telecommunications Facilities Ordinance in conjunction with the staff
presentation on this proposed ordinance.
Contact:
Linda Maio, Councilmember District 1, 981-7110
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Conscientious
Objection to War
From: Peace & Justice Commission
Recommendation:
Establish a policy that all City
staff who answer the City’s general information lines will be
provided with written information from the Central Committee for
Conscientious Objectors about conscientious objection to war in order
to advise people who call asking about issues of conscientious
objection to war.
Contact:
Manuel Hector, Secretary, 981-5110
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Support for
Radio Station KPFA
From: Civic Arts Commission
Recommendation:
Send a letter to Jim Bennett, KPFA General Manager: 1)
supporting radio station KPFA-FM for its vital role in the Berkeley
arts community, as a source of news and information not provided
through other media sources, and as a networking resource and
information center for the many cultures and artists who call Berkeley
home and whose voices are not heard elsewhere; 2) without KPFA, many
of the City’s non-profit arts organizations would not reach as wide
an audience and their own programs would greatly suffer; and 3)
through its presence, KPFA helps provide the City with a true sense of
community.
Contact: Mary Ann Merker, Secretary, 705-8183
From: City Manager
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact:
Bill Lambert, Economic Development, 705-8180
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Parent
Coalition for Equity and Excellence in Our Schools
Contact:
Margaret Breland, Councilmember District 2, 981-7120
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Zoning
Appeal of Use Permit 99-20000186 – 1521 LaLoma Avenue
a.
Appeal filed by Bruce Jackan and
Beth Simmons of the Zoning Adjustments Board decision of
September 13, 2001, which denied without prejudice a use permit to
construct a 1,572 square foot major residential second-story
addition to an existing 1,978 square foot one-story single family
house at 1521 LaLoma Avenue.
Contact: Sherry M.
Kelly, City Clerk, 981-6900
b.
City Manager Report
Recommendation: Adopt
a Resolution affirming the decision of the Zoning Adjustments Board
to deny the project at 1521 LaLoma and dismissing the appeal.
Contact: Carol Barrett,
Planning and Development, 705-8102
c.
Communications:
1.
Tom & Nancy Genn
Contact: Sherry M. Kelly,
City Clerk, 981-6900
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.
General
Plan Discussion (to be delivered)
From:
City Manager
Recommendation:
Council
discussion and action on proposed amendments to draft General Plan
Housing, Land Use, and Transportation Elements.
Contact:
Carol Barrett, Planning and Development, 705-8102
Additional
Winter Shelter Capacity at the Oakland Army Base (to be
delivered)
From: City Manager
Recommendation:
Adopt a resolution:
a) allocating $33,600 in general funds to expand current winter
shelter capacity at the Joint Winter Shelter at the Oakland Army Base;
and b) authorizing a contract amendment, as necessary, with the City
of Oakland Community and Economic Development Agency and with
Operation Dignity to reflect increased program costs not to exceed
$33,600 for additional shelter capacity for the period December 15th
through April 15th, 2002.
Contact:
Stephen Barton, Housing, 981-5400
Wireless
Telecommunications Antennas and Facilities
From: City Manager
Recommendation:
Adopt first reading of an Ordinance proposed by Staff
regulating the siting, installation, and operation of wireless
telecommunications antennas and related facilities for cellular and
mobile phones and personal communications systems that are located on
property other than the public right of way by adding Chapter 23C.17
to the Berkeley Municipal Code relating to wireless telecommunications
facilities, amending Subsection 23F.040.010 by adding new definitions,
and amending Sections 23C.20.030A, 23E.40.020B, 23D.16.030 through
23D.44.030 and Sections 23E.40.030 through 23E.84.030 regarding Use
Permit requirements.
Contact:
Wendy Cosin, Planning and Development, 705-8130
Old Business:
Reports and communications related to public hearings
that were distributed to Council when
the issue was first heard are not included. However, new material has been noted with an *.
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Minutes for Approval (held
over by Mayor Dean from 11/13/01)
From: City Manager
Recommendation: Approve
the minutes for Regular Council meeting of October 30, 2001.
Contact: Sherry M. Kelly, City Clerk, 981-6900
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National
Tritium Labeling Facility Decontamination (held over by
Councilmember Armstrong from 11/27/01)
From:
Councilmember Worthington
Recommendation:
Support Resolution to ensure the National Tritium Labeling
Facility (NTLF) at Lawrence Berkeley National Laboratory (LBNL) and
affected environs, including the Lawrence Hall of Science, be properly
decontaminated, and all cutting, chipping and shipping of trees
contaminated with tritium to Korean and Japanese paper mills or
elsewhere cease.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
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California
Youth Vote Platform (held
over by Councilmember Armstrong from 11/27/01)
From:
Councilmember Worthington
Recommendation:
Support the Resolution for California Youth Vote Platform
sponsored b California Student Public Interest Research Group (CALPIRG)
and the University of California Student Association.
Contact:
Kriss Worthington, Councilmember District 7, 981-7170
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Promoting
Berkeley Businesses (held
over by Councilmember Armstrong from 11/27/01)
From:
Councilmember Maio
Recommendation:
Request the City Manager, working with Chamber and the
Visitor’s Bureau, set up a website link directly from the City’s
homepage to a list of Berkeley businesses that do internet commerce to
assist supporters from across the country who wish to affirmatively
patronize Berkeley businesses.
Contact: Linda Maio, Councilmember District 1, 981-7110
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Free Transit for
Holiday Shoppers (held
over by Councilmember Spring from 11/27/01)
From: Councilmembers Hawley & Armstrong
Recommendation:
Request that the City Manager work with downtown Berkeley
merchants and AC Transit to provide free transit fares for people who
patronize commercial districts on Saturdays during the upcoming holiday
season, to the extent possible considering the short time frame.
2) Adopt a policy to provide free transit passes whenever and
wherever the City provides free parking at parking meters for patrons of
commercial districts.
Contacts:
Mim Hawley, Councilmember District 5, 981-7150; Polly Armstrong,
Councilmember District 8, 981-7180
New Business:
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Community Energy
Plan
From: City Manager
Recommendation:
Adopt a Resolution authorizing the City
Manager to release $481,000 from the General Fund for energy programs
and accept a list of technologies as those measures which will be
considered in the City’s alternative resources portfolio.
Contact:
Steve Barton, Housing, 981-5400
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Green Building
Initiative
From: City Manager
Recommendation:
Adopt a Resolution 1) authorizing an allocation of $67,145 in
FY 2002 and $96,145 in FY 2003, as part of the Energy Plan, to fund the
Berkeley Green Building Initiative; and 2) authorizing the City Manager
to a) hire a Green Building Coordinator on a two-year project basis, to
manage the Green Building Initiative, prepare an implementation plan and
report annually to Council; and b) develop green building standards for
all City design, construction, operation, and maintenance practices
including appropriate City funded projects by December 2002.
Contact: Steve Barton, Housing, 981-5400; Carol Barrett, Planning and
Development, 705-8102; Bill Lambert, Economic Development, 705-8180
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Wood Burning
Appliance Restrictions
From: City Manager
Recommendation:
Adopt a first reading of an Ordinance
amending Berkeley Municipal Code (BMC) Title 19 (Building and
Construction), by adding Section 19.28.195, Wood-burning Appliances.
Contact:
Carol Barrett, Planning & Development, 705-8102
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Redistricting
Timeline
From: Councilmember Spring
Recommendation:
Reconsider the timeline/schedule for
redistricting given up to date information regarding census department
update.
Contact:
Dona Spring, Councilmember District 4, 981-7140
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Update on
Disaster Resistant Community Project
From: City Manager
Contact:
Arrietta Chakos, City Manager’s Office, 981-7000
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Formal Bid
Solicitations
From: City Manager
Contact: Fran David, Finance, 981-7300
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BART to Art
(CF 123-01)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
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Holiday
Shopping (CF 201-01)
From: City Manager
Contact: Bill Lambert, Economic Development, 705-8180
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Policies in
Support of Renewable Energy Sources (CF 185-01)
From: City Manager
Contact: Stephen Barton, Housing, 981-5400
Council rules limit action on Communications to referral
to the City Manager and/or Boards
and Commissions for investigation and/or recommendations.
Page No.
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Regarding
the Afghanistan resolution:
K.T.
Lengfield, Julian Weissglass, TAZMAIL, Joel Hildebrandt, Dino
Beluggi, Mark Riggs, Sarah B. Hearon, Gene Wade, Jan Sherburn, James
E. Whitsett, President, Jimmy Z Transport, Fred Okrand, E. Mayers,
Dr. Allan Redeker, M.D., Anonymous, Lois Dobrish, Sarah M. Brown,
Fernando Pro, Anonymous, Donald A. Good (letter was signed by 11
other people, also), Jerry Tate, Greg Auten, Robert & Avanelle
Oberlin, David Martin, Leuren Moret, Jack Wilson, Andrew Bishop,
William Peery, Paul Grunland.
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Sylvia
K. Lowrance, EPA, regarding lawsuits against older power plants.
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Susana
Wappenstein, regarding zoning.
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Ray
Dobard, regarding the selection of real-time translators.
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Kristina
Almquist, regarding comments on Mayor Dean’s reaction to increased
UC enrollment.
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Ellen
Garvey, Bay Area Air Quality Management District, regarding the
funding for wood smoke pollution education.
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Regarding
the rezoning of 1100 Hearst from R3 to R2A:
Sandra
Hrdlicka, Howie Muir, Randy Hester & Marcia McNally.
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Anonymous,
regarding the conspiracy theory of history.
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Walter
Wood, regarding crime prevention.
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Howie
Muir, regarding background for 2700 San Pablo Avenue.
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Terry
Cochrell, regarding City Hall.
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Terry
Cochrell, regarding Berkeley South Pool.
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Regarding
Brothers liquor store:
Deborah
Barer, Douglas W. James, Jennifer Elrod, Victoria Ortiz, Janice
Greenberg, Mikel Clifford.
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Regarding
the General Plan:
Bob
Price, Susan Kegley, David Dunkle, Janet Martinez, Emily Longfellow
– Miller, Starr, & Regalia, Michael Katz, Anonymous, Amy
Vogelsang, Sarah Bachelt, Michael Olin, Mike Pucher, Aurinder E.
Jones, Mark Gottlieb, Dan Fries, Sarofini Hirshceifer, Michael
DiGiorgio, Lisa Crouch, Geoffrey P. Butts, Ilysia Shattuck, Sidy
Mohared Diallo, Kathy Bashtad, Shannon Tracey, Christine
Cherdboonmuang, Lindsay Taub, Sarah Montgomery, Kristina Perry,
Isobel Schneider, Scott Goldsborough, Carla Hyman, Roya L. Arasteh,
Peter Ralph, Gillis Lemieux, Adrian Cohen, Rita Tidwell, Rachel
Simpson, Jonathan Feldman, Sara Friedman, Jeffrey R. Watson, Megan
Konar, Elizabeth Johnson, Paige Williams, Courtney Fogal, Oscar
Michel, Danielle Neils, Shannon Carroll, Jonathan Pilch, Tamar
Margolit, Matt Murray, Renee Cook, Cindy Wu, Shirley Kim, Andrei
Gadson, Marco Barrantes, Peter A. Alvarado, Jorge Baehringer,
Winthrop B. Walker, Francisco Oasique, Diuali Huger, Joe Carrol,
John H. Mitchell, D. Schweter & J.S. Siebert, Karla James,
Michael Margulies, David Cohen, Penny Leff, Zachary Foeire, Robert
Greeley, Jane Martin, Daniel L. Cardoza, Eduardo Salazar, Amy Chen,
Raja Mehba, Eric McCaughrin, Angie Zeng, Christina Mulvey, Josephine
Arasteh, Wendy Alfsen.
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Adele
Schenker, regarding Lee Ranadive, the hot tub at 2209 Prince Street,
and the ZAB meeting of October 11, 2001.
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Ken
Bukowski, regarding the Capitol Corridor report.
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Linda
Maio, regarding New York Times article:
Census Said to Misplace Many Prisons and Dorms.
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OEnone
& Matthew Youngblood, regarding aquatic park expansion.
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Anonymous,
regarding the Boy Scouts.
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Ann
Sieck, regarding parking.
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Kalief
Lahutt, regarding jail into shelter project.
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Regarding
wireless telecommunications:
Erica
Etelson, Constance & Kevin Sutton
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