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City Council

Regular Meeting

Santa Rosa, CA · July 17, 2018

AgendaMinutes

Minutes

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, July 17, 2018 4:00 PM 1. CALL TO ORDER AND ROLL CALL Vice Mayor Rogers called the meeting to order at 4:02 p.m. Present: 5 - Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 2 - Mayor Chris Coursey, and Council Member Jack Tibbetts 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION - NONE. 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 5. PROCLAMATIONS/PRESENTATIONS - NONE. 6. STAFF BRIEFINGS 6.1 FIRE RECOVERY AND REBUILD UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. Paul Lowenthal, Fire Marshal, provided a brief report. 7. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Attorney Gallagher provided a brief report on Pacific, Gas, and Electric Company and Bodean Company, Inc. litigation items. City Manager McGlynn provided a brief report of the Office of Community Engagement's Violence Prevention Partnership being recommended for a $500,000 grant funding through the Board of State and Community Corrections, and California Violence and Intervention Program through August 2020. 8. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS There were no abstentions made. City of Santa Rosa Regular Meeting Minutes Page 2 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 9. MAYOR'S/COUNCILMEMBERS’ REPORTS Mayor and Council Members made announcements and reports of interest to the Council. Council Member Combs provided a brief report on continued meetings and surveys with CASA, Committee to House the Bay Area; and announced her appointment of Pamela Van Halsema to the Board of Community Services. 9.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 9.1.1 Council Subcommittee Reports 9.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 9.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.1.4 Association of Bay Area Governments (ABAG) 9.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.1.6 Sonoma Clean Power Authority (SCPA) 9.1.7 Sonoma County Waste Management Agency (SCWMA) 9.1.8 Groundwater Sustainability Agency (GSA) 9.1.9 Other 10. APPROVAL OF MINUTES 10.1 April 3, 2018, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 10.2 April 10, 2018, Regular Meeting. Attachments: Draft Minutes City of Santa Rosa Regular Meeting Minutes Page 3 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 Approved as submitted. 10.3 April 17, 2018, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 11. CONSENT ITEMS Approval of the Consent Agenda A motion was made by Council Member Sawyer, seconded by Council Member Olivares, to waive reading of the text and adopt Consent Items 11.1 and 11.2. The motion carried by the following vote: Yes: 4 - Vice Mayor Rogers, Council Member Olivares, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Coursey, and Council Member Tibbetts Abstain: 1 - Council Member Combs 11.1 MOTION - ACCEPTANCE OF FY 2016-17 COMPREHENSIVE ANNUAL FINANCIAL REPORT, HOUSING AUTHORITY FINANCIAL REPORT, AND SINGLE AUDIT REPORT RECOMMENDATION: It is recommended by the Finance Department that the City Council, by motion, accept the Fiscal Year (FY) 2016-17 Comprehensive Annual Financial Report (CAFR), the FY 2016-17 Housing Authority Financial Report, and the FY 2016-17 Single Audit Report. Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation This Consent - Motion was approved. 11.2 RESOLUTION - GRANTING VEHICLE TOW FRANCHISES AND AUTHORIZING TOW AGREEMENTS WITH VARIOUS TOW OPERATORS RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) grant police generated vehicle tow franchises to the tow operators identified in Exhibit A to the resolution; City of Santa Rosa Regular Meeting Minutes Page 4 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 2) authorize tow agreements with these franchisees in substantially the same form as Exhibit B to the resolution, subject to approval as to form by the City Attorney; and, 3) authorize the Chief of Police or designee to execute the franchise agreements for tow services. Attachments: Staff Report Resolution Exhibit A Exhibit B Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-118 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING VEHICLE TOW FRANCHISES AND AUTHORIZING FRANCHISE AGREEMENTS WITH VARIOUS TOW OPERATORS 11.3 RESOLUTION - OPPOSING THE SEPARATION OF CHILDREN AND FAMILIES AT THE U.S.-MEXICO BORDER RECOMMENDATION: Staff recommends that the Council consider whether to adopt a Resolution opposing the separation of children and families at the US-Mexico Border. Attachments: Staff Report Resolution Resolution (w/amendment made on the floor) Letter Presentation PUBLIC COMMENT Peter Tscherneff spoke in support of the item. Meeting recessed at 4:29 pm and reconvened at 5:00 p.m. A motion was made by Council Member Sawyer, seconded by Council Member Olivares, to waive reading of the text as amended and adopt Consent Item 11.3. The motion carried by the following vote: Yes: 5 - Vice Mayor Rogers, Council Member Combs, Council Member Olivares, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Coursey, and Council Member Tibbetts 12. PUBLIC COMMENT ON NON-AGENDA MATTERS City of Santa Rosa Regular Meeting Minutes Page 5 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 Peter Tscherneff spoke regarding various topics. Paul McGavin spoke in opposition to the installation of small cells. Victor Puterbagh spoke in support of rent control and homeless encampments. Daniel Reiff spoke in support of homeless encampments. Geraldine Mejia spoke in support of safe parking and assisting the homeless. Victoria Yanez spoke on behalf of Donna Marie Palomares in support of safe parking; and provided housing solutions to assist the homeless. Thomas Ells spoke in support of helping victims from Journey's End Mobile Park and those living in their RVs parked on Apollo Way. John A Vincent spoke in support of safe parking. Mark Holtz spoke in support of maintaining the beautification of the City of Santa Rosa. 13. REPORT ITEMS 13.1 REPORT - APPROVAL OF AMENDMENT NO. 1 TO ERNST & YOUNG AGREEMENT BACKGROUND: In the early morning hours of October 9, 2017, a firestorm swept through Santa Rosa and the surrounding communities. The fires were unprecedented in the destruction left in its wake. Ernst & Young was selected to help the City with disaster recovery management services. Staff now wishes to increase compensation to continue the recovery management services provided by Ernst & Young. Note that $500,000 has already been appropriated through the budget process and an additional $500,000 is now needed, for a total of $1 million. City of Santa Rosa Regular Meeting Minutes Page 6 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, approve the First Amendment to Professional Services Agreement number F001625 with Ernst & Young, LLP in the amount of $1.5 million. Attachments: Staff Report Resolution Exhibit A Presentation - Updated 7/17/18 Presentation Presented by Neil Bregman, Emergency Preparedness Coordinator and Steve Kral, Ernst Young. A motion was made by Council Member Combs, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2018-120 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001625 WITH ERNST & YOUNG, LLP, SAN FRANCISCO, CA TO PROVIDE DISASTER RECOVERY MANAGEMENT SERVICES The motion carried by the following vote: Yes: 5 - Vice Mayor Rogers, Council Member Combs, Council Member Olivares, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Coursey, and Council Member Tibbetts 14. PUBLIC HEARINGS 14.1 PUBLIC HEARING - RESOLUTION FORMING THE SANTA ROSA DOWNTOWN COMMUNITY BENEFIT DISTRICT AND LEVYING THE ASSESSMENT IN CONNECTION THEREWITH BACKGROUND: Ordinance No. 2018-004 enabling the establishment of Community Benefit Districts (CBD) by adding Article V to Chapter 6-56 of the Santa Rosa City Code, was introduced at the March 13, 2018, Council meeting by a unanimous vote, and adopted on March 20, 2018. Subsequently, in an effort to establish the first CBD, a petition packet that included a summary Management District Plan was mailed in late April to Courthouse Square area property owners within a pre-determined area roughly encompassing 25 square blocks between City of Santa Rosa Regular Meeting Minutes Page 7 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 Morgan Street to Brookwood Avenue, and First Street to Seventh Street. On May 31, 2018, these same property owners were mailed a ballot packet that included a summary document and notice of public hearing to establish the Santa Rosa Downtown CBD, the assessment ballot pertaining to properties within the district that they own, and a return envelope to return the signed ballot. Per the local enabling ordinance, the ballots must be tabulated at a public hearing and will be weighted based on the value of the parcel assessment to the total assessment. To pass, a simple majority of the ballots returned would need to be in favor of formation in order for Council to approve the Resolution of Formation and levying of assessments RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council: 1) hold a public hearing to consider oral and written testimony regarding the formation of a community benefit improvement district, and tabulate all assessment ballots returned to the City pursuant to procedures set forth in the Resolution of Intention; and 2) if the assessment balloting does not result in a majority protest, then waive first reading and approve the Resolution Forming the Santa Rosa Downtown Community Benefit District and Levying and Collecting the Assessment in Connection Therewith. Attachments: Staff Report Resolution Exhibit A Presentation Public Hearing Notice Results Certification (uploaded 7/18/2018) Presented by Raissa de la Rosa, Economic Development Manager, assisted by Marco Li Mandri, Assessment District Consultant, New City America. Vice Mayor Rogers opened the public hearing at 5:32 p.m. PUBLIC COMMENT Sue Kade, owner of La Vera Pizza, spoke in support of Community Benefit District. City of Santa Rosa Regular Meeting Minutes Page 8 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 Thomas Ells requested for information to the advantage of a Community Benefit District. Mark Holtz spoke in opposition to a Community Benefit District. Seeing no one else wishing to speak, Vice Mayor Rogers closed the public hearing at 5:36 p.m. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2018-121 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA FORMING THE SANTA ROSA DOWNTOWN COMMUNITY BENEFIT DISTRICT AND LEVYING THE ASSESSMENT IN CONNECTION THEREWITH The motion carried by the following vote: Yes: 5 - Vice Mayor Rogers, Council Member Combs, Council Member Olivares, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Coursey, and Council Member Tibbetts 15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 15.1 FINAL MAP- Miller Village Subdivision- Provided for information. Attachments: Notice of Submittal of Final Map Location Map This item was received and filed. 15.2 FINAL MAP - Auberge Du Soleil II- Provided for information. Attachments: Notice of Submittal of Final Map Location Map This item was received and filed. 16. PUBLIC COMMENTS ON NON-AGENDA MATTERS Kathleen A Winston, Homeless Action, spoke in support of safe parking. Vice Mayor Rogers recessed the meeting at 6:21 p.m. for City Clerk Gomez to tabulate ballots for the Community Benefits District. City of Santa Rosa Regular Meeting Minutes Page 9 of 9 City Council Regular Meeting Minutes - Final July 17, 2018 Vice Mayor Rogers reconvened the meeting at 6:43 p.m. to announce results supporting the establishment of the Community Benefits District. 17. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 18. ADJOURNMENT OF MEETING Hearing no further business, Vice Mayor Rogers adjourned the meeting at 6:44 p.m. The next regularly scheduled meeting will take place on July 24, 2018, at a time set by the Mayor. 19. UPCOMING MEETINGS 19.1 UPCOMING MEETINGS LIST Attachments: List This item was received and filed. Approved on: October 16, 2018 /s/ Daisy Gomez, City Clerk

Agenda

City Hall, Council City of Santa Rosa Chamber 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT JULY 17, 2018 4:00 P.M. - REGULAR SESSION (COUNCIL CHAMBER) PUBLIC COMMENTS: Except for public hearing items, comments from the public will be allowed on all agenda items at the time each item is called. Comments on public hearing items may be made when the hearing is opened. Comments from the public on non-agenda items will be heard under Agenda Items 12 and 16. This is the time when any person may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. The first public comment period on non-agenda items (Agenda Item 12) will begin no earlier than 5:00 p.m. and will be limited to ten speakers selected randomly by the Mayor. Each speaker will be allowed three minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 16. To address the Council you are requested to complete a yellow Speaker Card and give it to the City Clerk. If you are unable to or do not wish to wait for the public comment portion of the agenda, you are encouraged to contact the Council or City Clerk directly by submitting your comments to 100 Santa Rosa Avenue, Room 10, Santa Rosa 95404 or cityclerk@srcity.org. 4:00 P.M. (CITY COUNCIL CHAMBER) 1. CALL TO ORDER AND ROLL CALL 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. Following the announcement of Closed Session items and prior to recess into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session. 3. STUDY SESSION - NONE. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 2 of 7 City Council JULY 17, 2018 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 5. PROCLAMATIONS/PRESENTATIONS - NONE. 6. STAFF BRIEFINGS This time is reserved for City staff to provide a five-minute briefing to the Council on departmental issues of interest. No action will be taken on these matters except to possibly place a particular item on a future agenda for Council consideration. 6.1 FIRE RECOVERY AND REBUILD UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. 7. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 8. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9. MAYOR'S/COUNCILMEMBERS’ REPORTS 9.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 9.1.1 Council Subcommittee Reports 9.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 9.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.1.4 Association of Bay Area Governments (ABAG) 9.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.1.6 Sonoma Clean Power Authority (SCPA) 9.1.7 Sonoma County Waste Management Agency (SCWMA) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 7 City Council JULY 17, 2018 9.1.8 Groundwater Sustainability Agency (GSA) 9.1.9 Other 10. APPROVAL OF MINUTES 10.1 April 3, 2018, Regular Meeting. Attachments: Draft Minutes 10.2 April 10, 2018, Regular Meeting. Attachments: Draft Minutes 10.3 April 17, 2018, Regular Meeting. Attachments: Draft Minutes 11. CONSENT ITEMS 11.1 MOTION - ACCEPTANCE OF FY 2016-17 COMPREHENSIVE ANNUAL FINANCIAL REPORT, HOUSING AUTHORITY FINANCIAL REPORT, AND SINGLE AUDIT REPORT RECOMMENDATION: It is recommended by the Finance Department that the City Council, by motion, accept the Fiscal Year (FY) 2016-17 Comprehensive Annual Financial Report (CAFR), the FY 2016-17 Housing Authority Financial Report, and the FY 2016-17 Single Audit Report. Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation 11.2 RESOLUTION - GRANTING VEHICLE TOW FRANCHISES AND AUTHORIZING TOW AGREEMENTS WITH VARIOUS TOW OPERATORS RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) grant police generated vehicle tow City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 7 City Council JULY 17, 2018 franchises to the tow operators identified in Exhibit A to the resolution; 2) authorize tow agreements with these franchisees in substantially the same form as Exhibit B to the resolution, subject to approval as to form by the City Attorney; and, 3) authorize the Chief of Police or designee to execute the franchise agreements for tow services. Attachments: Staff Report Resolution Exhibit A Exhibit B Presentation 11.3 RESOLUTION - OPPOSING THE SEPARATION OF CHILDREN AND FAMILIES AT THE U.S.-MEXICO BORDER RECOMMENDATION: Staff recommends that the Council consider whether to adopt a Resolution opposing the separation of children and families at the US-Mexico Border. Attachments: Staff Report Resolution Letter Presentation 12. PUBLIC COMMENT ON NON-AGENDA MATTERS This is the time when any person may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will begin no earlier than 5:00 p.m. and will be limited to ten speakers selected randomly by the Mayor. Each speaker will be allowed three minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 16. 13. REPORT ITEMS 13.1 REPORT - APPROVAL OF AMENDMENT NO. 1 TO ERNST & YOUNG AGREEMENT BACKGROUND: In the early morning hours of October 9, 2017, a firestorm swept through Santa Rosa and the surrounding communities. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 7 City Council JULY 17, 2018 The fires were unprecedented in the destruction left in its wake. Ernst & Young was selected to help the City with disaster recovery management services. Staff now wishes to increase compensation to continue the recovery management services provided by Ernst & Young. Note that $500,000 has already been appropriated through the budget process and an additional $500,000 is now needed, for a total of $1 million. RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, approve the First Amendment to Professional Services Agreement number F001625 with Ernst & Young, LLP in the amount of $1.5 million. Attachments: Staff Report Resolution Exhibit A Presentation - Updated 7/17/18 Presentation 14. PUBLIC HEARINGS Public Hearing matters will begin no earlier than 5:00 p.m. or as soon thereafter as the matters are reached on the agenda. 14.1 PUBLIC HEARING - RESOLUTION FORMING THE SANTA ROSA DOWNTOWN COMMUNITY BENEFIT DISTRICT AND LEVYING THE ASSESSMENT IN CONNECTION THEREWITH BACKGROUND: Ordinance No. 2018-004 enabling the establishment of Community Benefit Districts (CBD) by adding Article V to Chapter 6-56 of the Santa Rosa City Code, was introduced at the March 13, 2018, Council meeting by a unanimous vote, and adopted on March 20, 2018. Subsequently, in an effort to establish the first CBD, a petition packet that included a summary Management District Plan was mailed in late April to Courthouse Square area property owners within a pre-determined area roughly encompassing 25 square blocks between Morgan Street to Brookwood Avenue, and First Street to Seventh Street. On May 31, 2018, these same property owners were mailed a ballot packet that included a summary document and notice of public City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 7 City Council JULY 17, 2018 hearing to establish the Santa Rosa Downtown CBD, the assessment ballot pertaining to properties within the district that they own, and a return envelope to return the signed ballot. Per the local enabling ordinance, the ballots must be tabulated at a public hearing and will be weighted based on the value of the parcel assessment to the total assessment. To pass, a simple majority of the ballots returned would need to be in favor of formation in order for Council to approve the Resolution of Formation and levying of assessments RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council: 1) hold a public hearing to consider oral and written testimony regarding the formation of a community benefit improvement district, and tabulate all assessment ballots returned to the City pursuant to procedures set forth in the Resolution of Intention; and 2) if the assessment balloting does not result in a majority protest, then waive first reading and approve the Resolution Forming the Santa Rosa Downtown Community Benefit District and Levying and Collecting the Assessment in Connection Therewith. Attachments: Staff Report Resolution Exhibit A Presentation Public Hearing Notice 15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 15.1 FINAL MAP- Miller Village Subdivision- Provided for information. Attachments: Notice of Submittal of Final Map Location Map 15.2 FINAL MAP - Auberge Du Soleil II- Provided for information. Attachments: Notice of Submittal of Final Map Location Map 16. PUBLIC COMMENTS ON NON-AGENDA MATTERS This is the time when any person may address the Council on matters not City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 7 City Council JULY 17, 2018 listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed three minutes. 17. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 18. ADJOURNMENT OF MEETING 19. UPCOMING MEETINGS This schedule is tentative and subject to change pending final publication and posting of the City Council Meeting Agenda. 19.1 UPCOMING MEETINGS LIST Attachments: List *Did not appear on the preliminary agenda. **Quasi-judicial or adjudicative action. The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability-related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in public meetings are available by contacting the City Clerk Office at 543-3015 or cityclerk@srcity.org one week prior to the meeting. TDD 543-3063 Meeting information can also be accessed via the internet at http://srcity.org Any writings or documents provided to a majority of the City Council prior to this meeting regarding any item on this agenda, excluding closed session items, are available for public review in the City Clerk's Office, Room 10, City Hall, 100 Santa Rosa Ave, during normal business hours.

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