City Council Regular Meeting eAgenda September 14, 2021
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 14, 2021
6:00 P.M.
Jesse Arreguin, Mayor
Councilmembers:
District 1 – Rashi Kesarwani |
District 5 – Sophie Hahn |
District 2 – Terry Taplin |
District 6 – Susan Wengraf |
District 3 – Ben Bartlett |
District 7 – Rigel Robinson |
District 4 – Kate Harrison |
District 8 – Lori Droste |
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID-19 virus, there will not be a physical meeting location available.
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84315527586. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.
To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 843 1552 7586. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.
Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Preliminary Matters
Roll Call:
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
- Pledge of Allegiance to the Flag
- Presentation on SB 1383 Implementation from StopWaste
Presentation
City Manager Comments: 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.
Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Consent Calendar |
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The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”. No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. |
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Recess Items
1. |
Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley |
2. |
Contract No. 32000240 Amendment: Berkeley Unified School District for Mental Health Services Act-Funded Programs |
3. |
Revenue Grant Contract: Fiscal Year 2021-22 Alcoholic Beverage Control Grant |
4. |
Contract: ERA Construction, Inc. for 1322 Glendale Avenue Retaining Wall Project |
5. |
Contracts: TBWBH Props and Measures and V.W. Housen & Associates for Vision 2050 Implementation Services |
6. |
Contract: Elavon for Recreation Online Registration Payment Processing |
Consent Calendar
7. |
Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19) and Determining the Immediate Need for and Adopting a City Employee Vaccination Policy |
8. |
Establish 2022 City Council Meeting Schedule |
9. |
Minutes for Approval |
10. |
Contract No. 108410-1 Amendment: Paw Fund for Spay and Neuter Services |
11. |
Adopt a Resolution Authorizing MuniServices, LLC to Examine the Local Sales or Transactions and Use Tax Records on Behalf of the City of Berkeley |
12. |
Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 14, 2021 |
13. |
Amendments to Berkeley Municipal Code Section 19.44.020 (Housing Advisory Commission) |
14. |
Contract No. 10209E Amendment: Bay Area Hearing Voices Network |
15. |
Mental Health Services Act Fiscal Year 2021-2022 Annual Update |
16. |
Revenue Contract: Department of Health Care Services Performance Contract for City of Berkeley |
17. |
Revenue Contracts: FY 2022 Aging Services Programs |
18. |
Classification and Salary Range: Communications Specialist |
19. |
Contract 104583-1 Amendment: Government Finance Officers Association for System Design Document Review to Support Enterprise Resource Planning Implementation |
20. |
Contract No. 32100060 Amendment: RevolutionCyber, LLC for Professional Services |
21. |
Contract No. 10785 Amendment: West Coast Arborist, Inc. for Tree Removal and Pruning Service |
22. |
Contract No. 31900137 Amendment: ELS Architecture and Urban Design for On-Call Architectural Services |
23. |
Contract No. 31900202 Amendment: Bay Area Tree Specialists for As-needed Tree Services |
24. |
Contract No. 31900218 Amendment: West Coast Arborists, Inc. for As-needed Tree Services |
25. |
Purchase Orders Extension: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment |
26. |
Transfer of Two Property Parcels to the State of California for the Ashby-San Pablo Intersection Improvements Project |
27. |
Recommendations for Fleet Electrification Policy and Financing |
28. |
Letter of Support for SB-459 Political Reform Act of 1974: Lobbying |
29. |
Referral Response: Recommendation to Retain Current Structure of Zero Waste Commission |
Council Consent Items
30. |
2022 UC Berkeley Chicanx Latinx Legacy Event |
31. |
Annual Appropriations Ordinance (AAO) Referral: Supply Bank |
32. |
Expansion of the Berkeley Fair Elections Program |
33. |
Resolution in Support of Observance of August 30, the International Day of the Victims of Enforced Disappearances in El Salvador |
34. |
Resolution Expressing Conceptual Support for an East Bay Wildfire Prevention and Vegetation Management Joint Powers Agency |
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Chair with the consent of Council. |
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue. Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk. |
35. |
Adoption of the Baseline Zoning Ordinance (BZO) |
Action Calendar - Old Business
36. |
Objective Standards Recommendations for Density, Design and Shadows |
37. |
Amending the Berkeley Election Reform Act (BERA) Relating to Officeholder Accounts (Reviewed by the Agenda & Rules Committee) (Continued from May 25, 2021) |
Action Calendar - New Business
38. |
Referral to the Zero Waste and Energy Commission (or Successor Commission) to Hold Joint Meetings to Conduct Community Outreach and Education Events with Regard to the Proposed Ordinance Regulating the Use of Carryout and Pre-checkout Bags and to Make Recommendations to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Committee (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) |
39. |
Open Government Commission Recommendations to City Council Regarding Teleconferenced Meetings |
40. |
Implementation of California Senate Bill 1383 Short-Lived Climate Pollutants |
41. |
Mental Health Services Center Renovation Project Wins American Public Works Association (APWA) National Award |
42. |
Fair Campaign Practices Commission FY2021-2022 Work Plan |
43. |
Open Government Commission FY2021-2022 Work Plan |
44. |
City Auditor Fiscal Year 2022 Audit Plan |
Adjournment
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.
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info.
Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
COMMUNICATION ACCESS INFORMATION:
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Captioning services are provided at the meeting, on B-TV, and on the Internet.
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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on Thursday, September 2, 2021.
Mark Numainville, City Clerk
Communications – September 14, 2021
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.
Homelessness + RV’s + Tent Encampments + Harassing Business Customers + City of Reno Outreach and Enforcement Solution, Etc.
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John Caner on behalf of Downtown Berkeley Association
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Councilmember Harrison
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Todd Andrew (2)
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Margot Smith
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Eric Friedman
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Jan Nakamura
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Nathan Scullion
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Diana Bohn (4)
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Russbumper
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Daisy Reynado, owner of University Haircare
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Wini Williams
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Steve Martinot
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Kenneth Berland
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Elana Auerbach
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Alex Sharenko
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Brent Mishler
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Kathleen Curran
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Shmuel Weissman
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Hillary Kilmnik
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Ben Buettner
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Tim Southwick, on behalf of Toyota of Berkeley
Housing (Infill + Affordable + BART + ADU)
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Avram Gur Arye (3)
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Councilmember Harrison
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Andreas Clover, on behalf of the Building & Construction Trades Council of Alameda County
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Tony Corman
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Marica Poole
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Chris Paizis
SB 9
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Berkeley Neighborhoods Council
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Madeleine Shearer
Berkeley Marina and Ferry
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Camille Antinori
Dangerous Intersection of Ashby & MLK
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Thuan Tran
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Farid Javandel, on behalf of the City of Berkeley
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Tarik Adnan Moon
UC Berkeley Agreement + 1921 Walnut + LRDP
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Sas Colby
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Peter Smalley
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Doug Jackson
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Zee Hakimoglu
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Shirley Dean
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Christine Schwartz
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Diana Bohn
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Marcia Poole
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Margot Smith
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Nazli Parvizi
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Natalie Logusch
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Greysonne Coomes
Berkeley Mutual Aid
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David Peattie, on behalf of Berkeley Disaster Prep Neighborhood Network (2)
Ghost Guns
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Eric Friedman
Consolidating Human Welfare & Peace and Justice Commissions
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Praveen Sood, Chair of Human Welfare and Community Action Commission
Francisco Street Danger
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David Lerman
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Public Works, City of Berkeley
Easy Does It Emergency Services – Abuse of Clients and Staff
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HolLynn
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Omowale Fowles
Frances Albrier Community Center Funding
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Mikko Jokela
Berkeley Labor Commission
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Andrea Mullarkey
Eden I&R Newsletter
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Eden I&R (2)
Palestinian Action
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Linda Franklin
Pet Parade in Downtown Berkeley
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John Caner
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Amy Murray
Vaccinations
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Vivian Warkentin
August 8th as Burma Day
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Jeremiah Pinguelo
5G
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Carol Hirth
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Stephanie Thomas
Police Use of Military Equipment
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Carol Denney
Skate Park
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Beth Mora
FAA Flight Pattern Change
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Steven Miyake
Unusual Problems in the Supreme Court
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Christopher Johnson
Afghanistan Crisis
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Crystal Ngo
Disposition of Council Referral PRJ 0019733 and PRJ 0012451
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Katherine Lee, Interim Director of Police Accountability
Requiring Vaccinations for Police Department Employees
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Izzy Ramsey, on behalf of the Police Accountability Board
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LaTanya Bellows, Human Resources Director
Defective Induction Cooktops
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Ben Hubbell
Demise of Milvia Street, near Civic Center
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Michael Katz
Downtown Berkeley Association Staff Incident
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Moni Law
Abusive Noise from 2734 College Avenue
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Anne Whyte
California’s Drought
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Wende Williams Micco
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Berkeley’s Mayor Office
Community Gardens and Open Space
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Bonnie Borucki
URL’s Only
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Russbumper (6)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
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Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
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Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
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Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.