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AGENDA
BERKELEY
CITY COUNCIL REGULAR MEETING
TUESDAY,
DECEMBER 18, 2001
Roll Call:
7:00 p.m.
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
and/or
action.
Comments from the
Public: A total of thirty (30) minutes is scheduled. 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 held over to the
next meeting unless
the City Manager
requests action due to priority.
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Minutes for
Approval
From: City Manager
Recommendation: Approve
the minutes for Council meetings of:
a) October 30, 2001 (regular) as revised by Mayor Dean; b)
November 27, 2001 (special); c) November 27, 2001 (regular); d) and
December 4, 2001 (special).
Contact: Sherry M.
Kelly, City Clerk, 981-6900
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Disabled
Access Ramps (first reading 12/11/01 – unanimous; Breland
absent)
From:
City Manager
Recommendation:
Adopt second 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 (first reading 12/11/01
– unanimous; Breland absent)
From:
City Manager
Recommendation:
Adopt second 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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Definition and Regulation of Smoke Shops (first reading 12/11/01
– unanimous; Breland absent)
From: City
Manager
Recommendation: 1)
Adopt second 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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Lease: Police Substation (first
reading 12/11/01 – unanimous; Breland absent)
From: City
Manager
Recommendation:
Adopt second 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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Wireless
Telecommunications Antennas and Facilities (first reading
12/11/01 – unanimous; Breland absent) – ( to be delivered)
From: City
Manager
Recommendation:
Adopt second 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
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Wood
Burning Appliance Restrictions (first reading 12/11/01 –
unanimous; Breland absent)
From:
City Manager
Recommendation:
Adopt a second 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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Temporary
Employment Agency Services (Certified Personnel)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing expenditures up to $50,000 for
Certified Personnel for temporary employment for the City Clerk
Department for the period July 1, 2001 through June 30, 2002.
Contact: Sherry Kelly, City Clerk, 981-6900
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Temporary
Employment Agency Services (Act One)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing expenditures up to $50,000 for
Act One for temporary employment for the City Clerk Department for the
period July 1, 2001 through June 30, 2002.
Contact: Sherry Kelly, City Clerk, 981-6900
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Temporary
Employment Agency Services (Office Team)
From:
City Manager
Recommendation:
Adopt a Resolution authorizing expenditures up to $50,000 for
Office Team for temporary employment for the City Clerk Department for
the period July 1, 2001 through June 30, 2002.
Contact: Sherry Kelly, City Clerk, 981-6900
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Loan
Agreement: Café Service
at 2180 Milvia Street
From:
City Manager
Recommendation:
Adopt a Resolution 1) authorizing the City Manager to
negotiate on the open market; 2) execute a loan agreement with a
qualified operator to provide café service at 2180 Milvia Street in
an amount not to exceed $40,000; and 3) City to fund interior
improvement expenses in an amount not to exceed $20,000.
Contact:
Rene Cardinaux, Public Works, 981-6300
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Contract:
Refrigerators for Low-Income Households
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute
a contract with Galvin Appliance in an amount not to exceed $235,000
for approximately 400 refrigerators for low-income households for the
period January 1, 2002 through December 31, 2003.
Contact:
Steve Barton, Housing, 981-5400
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Grant:
CSBG Funding
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to accept a
Community Services Block Grant (CSBG) in the amount of $44,211, from
the State Department of Community Services and Development and
executing any resultant agreement and amendments to provide low-income
services.
Contact:
Steve Barton, Housing, 981-5400
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Health
Insurance Rate Increases
From: City
Manager
Recommendation:
Adopt two Resolutions authorizing rate increases for the Kaiser
Foundation Health Plan and Health Net Health Plans for City employees,
effective January 1, 2002.
Contact:
Ron Brown, Human Resources, 981-6805
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Contract:
Downtown Public Improvements Project
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to execute an
amendment to the contract with Bauman Landscape, Inc. for the Downtown
Public Improvements Project to increase the amount by $150,000 for a
total not to exceed $2,181,700 for the period December 31, 2001
through March 31, 2002.
Contact:
Rene Cardinaux, Public Works, 981-6300
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Contract:
Homelessness Prevention Program
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to amend the
contract with Eden Council for Hope and Opportunity, Inc. by
increasing the contract in an amount not to exceed $50,000 for
continuing operation of the Homelessness Prevention Program.
Contact:
Steve Barton, Housing, 981-5400
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Housing
Authority Section 108 Loan
From: City
Manager
Recommendation:
Adopt a Resolution approving a Department of Housing and Urban
Development (HUD) Section 108 Loan Guarantee Program application for
the Berkeley Housing Authority in the amount of $1,400,000 and
authorizing the use of current and future Community Development Block
Grant (CDBG) funds as ultimate security to participate in the Section
108 Program.
Contact:
Steve Barton, Housing, 981-5400
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Grant:
Ohlone Park West Playground
From: City
Manager
Recommendation:
Adopt a Resolution authorizing the City Manager to submit an
application for $50,000 in Park Playground Accessibility and Recycling
Grant Program funds from the California Integrated Waste Management
Board FY 2001/2002 and executing any resultant agreement and
amendments for safety and accessibility upgrades to Ohlone Park West
school-age playground.
Contact:
Lisa Caronna, Parks and Waterfront, 981-6700
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Excuse
Mayor Dean from January 22, 2002 Council Meeting
From:
Mayor Dean
Recommendation:
Excuse Mayor Dean from attending the January 22, 2002 Council
meeting due to her participation in the U.S. Conference of Mayors
Winter Meeting in Washington D.C. and New York City.
Contact:
Shirley Dean, Mayor, 981-7100
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Parking
in Downtown
From: Councilmember
Spring
Recommendation:
Adopt a policy (separate from the General Plan) that will not
reduce public parking spaces, except those temporarily needed for
construction/bike lane projects, in the downtown area, until the
former “Hinks” parking garage on Kittredge Street is operational
after construction of the Library Gardens housing project; and request
the City Manager study the feasibility of continuing the parking
mitigations even after the Kittredge Street garage is returned to
operation.
Contact: Dona Spring, Councilmember District 4, 644-6266
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Affordable
Housing: Height Limits
and Density Bonuses
From: Councilmember
Spring
Recommendation:
Refer a proposal to change height limits and density bonuses to
support affordable housing to the Housing Advisory Commission and the
Planning Commission.
Contact: Dona Spring, Councilmember District 4, 644-6266
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Support
Community Services Block Grant Allocation Increase
From:
Human Welfare and Community Action Commission
Recommendation:
Direct the City Manager to write to Assemblymember Dion Aroner
supporting the California/Nevada Community Action Association
(CAL/NEVA) proposal to increase the Community Services Block Grant (CSBG)
allocation to minimum funded agencies.
Contact:
Marianne Graham, Secretary, 981-5416
a. City
Manager Report
Recommendation:
Concurs with the content and recommendation of the Commission.
Contact:
Steve Barton, Housing, 981-5400
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Parking
Meter Operations (to be delivered)
a.
City Manager Information Report
Contact: Phil
Kamlarz, Deputy City Manager, 981-7000; Fran David, Finance, 981-7300
Telecommunications
Report: Findings and
Recommendations
From:
Task Force on Telecommunications
Recommendation:
That the Task Force present findings and recommendations to
Council.
Contact:
Roger Miller, Secretary, 981-7009
From:
City Manager
Recommendation:
1)
That Council receive this report entitled the
Telecommunications Report: Findings
and Recommendation from the Task Force on Telecommunications.
2) That Council defers action on this report until the City
Manager’s Office evaluates the Task Force recommendations and
develops an Action Plan including costs and a timetable for
implementation of the recommendations wherever possible.
3) That any new
costs associated with this implementation are to be referred to the
City’s budget process. 4)
Authorize the City Manager to enter a process with AT&T to
correct any deficiencies in the current franchise.
Contact:
Phil Kamlarz, Deputy City Manager, 981-7006
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Extend
Residential Permit Parking
From:
City Manager
Recommendation:
Conduct a public hearing and, upon conclusion, adopt a
Resolution amending Section 25N of Resolution No. 56,508-N.S. by
adding subsections to extend residential permit parking on both sides
of Hearst Avenue between Sacramento Street and Short Street, and on
both sides of Franklin Street between Hearst Avenue and Delaware
Street (see Attachment A insert); and authorizing the use of $600 from
the operating budget of the Public Works Department to cover
implementation costs.
Contact: Rene Cardinaux, Public Works, 981-6300
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Communications:
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Marcia
Schwartz
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Rauly
Butler
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Frederick
Goode
Contact:
Sherry M. Kelly, City Clerk, 981-6900
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Zoning Appeal
of Use Permit 00-20000216 - 762 Ensenada Avenue
a. Appeal filed by 1)
Cheryl and Bernard Hooper, 2) Susun Kim and Agustin Fernandez, and Mei-Ling
Pastor, Conservator of Ruby Choy, of the Zoning Adjustments Board
decision of August 9, 2001, which affirmed approval of a use permit to
construct a 1,200 square foot third floor addition to the existing
single-family residence at 762 Ensenada Avenue.
Contact:
Sherry M. Kelly, City Clerk, 981-6900
b.
City Manager Report dated December
18, 2001
Recommendation: Conduct
a public hearing and upon conclusion, waive Council rules to vote on the
project the same night, and direct staff to report back with an
appropriate resolution.
Contact: Carol Barrett, Planning and Development, 705-8102
c.
City Manager Report dated November 13, 2001
Recommendation: Adopt a
Resolution affirming the decision of the Zoning Adjustments Board to
approve the project and dismissing the appeal.
Contact: Carol Barrett, Planning and Development, 705-8102
d.
Communications from 11/13 and 12/18
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Karen Schein and Gary Carson
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Mei-Ling
Choy Pastor
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Peter
Bilbao
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Peter
Selz
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Peter
Hayes
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Victor
Herbert, Berkeley Dispute Resolution Services
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Carole
Schemmerling
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Nancy
Galloway and Andrew Morse
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Cheryl
Hooper
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Laurie
Nilles
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Manuel
Pastor
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Steve
Bartmasser
Contact: Sherry 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.
Priority
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General
Plan Adoption – Land Use, Transportation, and Housing Elements (to
be delivered)
Recommendation:
Adopt four Resolutions certifying the Environmental Impact Report
and approving the Draft General Plan
for Housing, Land Use, and Transportation Elements.
Contact: Carol Barrett, Planning and Development, 705-8102
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Meeting
Notice Language Regarding Scented Products
From:
Commission on Disability
Recommendation:
Change the City’s language, appearing on City meeting
notices, regarding scented products to say the following:
“Please refrain from wearing scented products (perfume,
cologne, after-shave, etc.) to these meetings, as there may be people
in attendance who are allergic and can be seriously harmed by exposure
to these products.”
From: Eric Dibner, Acting Secretary, 981-6342
a.
City Manager Report
Recommendation:
Change the language appearing on City meeting notices to say the
following: “Smoking is
not allowed, and the City Council requests that people refrain from
wearing scented products to the meeting.”
Contact:
Rene Cardinaux, Public Works, 981-6300
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Loan Agreement: Disabled
Senior Housing – 1242 Josephine Street (to be delivered)
From: City Manager
Recommendation:
Adopt a Resolution: a) authorizing the expenditure of Housing Trust Funds in the
amount of $ 415,000 for the acquisition of 1242 Josephine Street and
1811 Berryman for disabled, senior housing; b) authorizing a loan
agreement in an amount not to exceed $415,000 with the Northern
California Land Trust; c) assigning the purchase of the property to
the Northern California Land Trust as the designated developer; and d)
authorizing the City Manager or his designees to execute all documents
relative to the purchase, assignment and close of escrow of this
property.
Contact:
Steve Barton, Housing, 981-5400
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Contract:
Housing Facility for the Severely Mentally Disabled - 1741-1743
Russell Street (to be delivered)
From:
City Manager
Recommendation:
Adopt a Resolution: a) authorizing a contract in the amount of
$222,005, and an advance payment thereupon, utilizing State AB 2034
funding, between the City of Berkeley, Mental Health Division and the
Berkeley Emergency Food and Housing Project for the operation of the
Russell Street Residence, a licensed Board and Care facility located
at 1741-43 Russell Street; b) authorizing a Memorandum of
Understanding between these parties for the joint planning and
provision of clinical and related services to the residents of these
properties; c) authorizing general funds in an amount not to exceed
$48,000 for potential relocation costs of current project residents
associated with the transfer of operations of this facility; d)
authorizing a contract with Suzanne Sullivan, Relocation Consultant,
in an amount not to exceed $48,000 for purposes of providing
relocation services to affected residents of these properties; and e)
authorizing the City Manager and his designees to take any additional
actions necessary to effectuate the successful transfer and operation
of this facility.
Contact:
Steve Barton, Housing, 981-5400
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Boycott
of Charles Krug Winery
From:
Peace and Justice Commission
Recommendation:
Adopt a Resolution joining in the
United Food and Commercial Workers Union’s boycott of wines produced
by Charles Krug Winery, and directing all City staff not to purchase
Charles Krug Winery products with City funds for any purpose until the
United Food and Commercial Workers Union ends its call for a boycott;
and donating $100 to the United Food and Commercial Workers Union for
support of the 43 families whose incomes have been cut off by the
lockout.
Contact: Manuel Hector, Secretary, 981-5110
a.
City Manager Report
Recommendation:
The City Manager takes no position on
the recommendation of the Commission to join in the boycott of Charles
Krug Winery. The Council should
not approve the donation of $100 as it is not appropriate to allocate
public funds for political activities.
Contact:
Fred Medrano, Health and Human Services, 981-5100
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Formal
Bid Solicitations and Request for Proposals
From:
City Manager
Contact:
Fran David, Finance, 981-7300
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Investments:
Quarter Ending September 30, 2001
From: City
Manager
Contact: Fran David, Finance, 981-7300
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Notice
of Decision: 2200
Shattuck Avenue (Hink’s Building/Shattuck Hotel)
From:
City Manager
Contract:
Carol Barrett, Planning, 705-8101
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Berkeley High
School Students Peace Rally
From:
Peace and Justice Commission
Contact: Manuel Hector,
Secretary, 981-5110
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:
Mark Weaver, Andrew Bishop.
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Robbin
Henderson, regarding the arts density bonus.
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Ray
Dobard, regarding back-up captioners.
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L.A.
Wood, regarding Public Hearing for BOSS, 711 Harrison, Ursula Sherman
Village Project.
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Stephen De Staebler, regarding Public
Hearing on 762 Ensenada.
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Dianne
Feinstein, regarding AIDS.
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Sharon
Brown, regarding the school pass subsidy proposal.
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Howie
Muir, regarding the Planning Department.
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Sherry
Zhang, regarding Falun Gong.
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Peter
Dumont, regarding loan request.
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Regarding
the General Plan:
Paul Andrade, Monica Wejolowska,
Andrew Di Genova, David A. Coolidge, Pam Dahl, Kirstin Miller, Ann
Sieck, Debby Graudenz & Stuart Kelman.
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Regarding
Ed Roberts Campus:
Jan
Garrett, Marisa Lianggamphai, Kenneth Stein, Marc L. Krizack,
Elizabeth H. White,
Lawrence
de Berry, Laurence Paradis, Paul Preston.
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Regarding
Charles Krug Winery:
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Paul
Kesler
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Note: Some
City buildings and services will be closed to the public on holidays
and reduced services days. Access the 
