CC - Agenda - 06-09-15Public Comment from the Audience
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Rosemead
City Council,
Housing Development Corporation
and the
Successor Agency of the
Rosemead Community
Development Commission
JOINT MEETING AGENDA
June 9, 2015
• 11'
City Hall Council Chamber
8838 E. Valley Boulevard
Rosemead, CA 91770
www.citvofrosemead.org
Hilton Fort Wayne Lobby
1020 S. Calhoun Street
Margaret Clark, Mayor
Sandra Armenta, Mayor Pro Tem
William Alarcon, Council Member
Polly Low, Council Member
Steven Ly, Council Member
Fort Wayne, Indiana 46802
ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
Regular Meeting
6:00 p.m.
• CALL TO ORDER— 6:00 p.m.
• PLEDGE OF ALLEGIANCE —Council Member Ly
• INVOCATION — Mayor Clark
• ROLL CALL:
• City Council — Mayor Clark, Mayor Pro Tern Armenta, Council Members Alarcon, Low, Ly
• Successor Agency —Chair Clark, Vice -Chair Armenta, Members Alarcon, Low, Ly
• Housing Development Corporation —President Clark, Vice President Armenta, Board
Members Alarcon, Low, Ly
CLOSED SESSION
A. Conference with Legal Counsel — Existing Litigation
City of Rosemead v. Beneficial Patient Group, Inc. et al.; Los Angeles County
Superior Court Case EC 063589
Pursuant to Government Code Section 65956.9 (d)(1)
Regular Business
7:00 p.m.
2. PUBLIC COMMENTS FROM THE AUDIENCE
The City Council will receive public comments on matters not listed on the agenda.
3. PRESENTATIONS
• Muscatel Science Olympiad Team
• Scholarship Recipients -- Rosemead Residents
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
4. PUBLIC HEARINGS
A. Municipal Code Amendment 15.02
Amending Chapters 17.04 and 17.72 of Title 17 of the City of Rosemead
Municipal Code Relating to Regulations for Nonconforming Uses, Structures, Lots,
and Parking Facilities
MCA 15 -02 is a City initiated amendment to revise Title 17 (Zoning) of the Rosemead
Municipal Code to modify several regulations for nonconforming uses, structures, lots, and
parking facilities. It was originally drafted for the purpose of allowing the addition of new
residential structures on R -1 and R -2 lots that include existing legal nonconforming
structures. However, upon hearing written and oral testimony at the public hearing on April
6, 2015, the Planning Commission directed staff to eliminate the proposed standards
regarding residential expansions on properties with existing legal nonconforming structures,
and the item was continued to the meeting of May 18, 2015. After final discussion at the
May 18, 2015 meeting, the Commission adopted Planning Commission Resolution No. 15-
04, recommending that the City Council ADOPT Ordinance 951, approving revised MCA 15-
02 without the proposed standards allowing the addition of new residential structures on
properties with existing legal nonconforming structures.
Ordinance 951 maintains all other proposed text in the amendment that is intended to
improve the clarity and intent of the existing nonconforming standards. Ordinance 951 also
proposes to eliminate the term and definition of "bachelor apartment' from Chapter 17.04, as
the term is no longer accepted by the California Department of Housing and Community
Development.
Recommendation: That the City Council:
1. Conduct the noticed public hearing and receive public comment;
2. Approve the Negative Declaration of Environmental Impacts finding that the project will
not have a significant adverse effect on the environment; and
3. Move to INTRODUCE FIRST READING, by title only Ordinance No. 951, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT 15.02, AMENDING CHAPTERS 17.04 AND 17.72
OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE
RELATING TO REGULATIONS FOR NONCONFORMING
USES, STRUCTURES, LOTS, AND PARKING FACILITIES
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
B. Design Review 14.03: Garvey Garden Plaza Mixed Use Project
8408 Garvey Avenue
Garvey Garden Plaza, LLC has submitted a Design Review application requesting to
develop a new residential /commercial mixed use development totaling 11,860 of retail /office
space on the first floor and 46 apartments on the second through fourth floors. Parking is
proposed as a combination of surface and one level of subterranean basement parking.
Access to the proposed project will be provided by two driveways from Delta Avenue that
extends along the west project boundary. The project includes a density bonus application
under Senate Bill (SB) 1818, which amended the state bonus law to allow density bonuses
up to 35 %. The property is located at the southeast corner of Delta Avenue and Garvey
Avenue in the C -3 MUDO -D (Medium Commercial with a Mixed Use and Design Overlay)
zone.
This item was presented to the Planning Commission for consideration on May 18, 2015. At
the conclusion of the hearing, the Planning Commission removed condition of approval
number 47, since the project does not involve a tentative map, and added two conditions of
approval. The first condition required a post traffic study. The second condition prohibited
restaurant use in the building due to parking restrictions. Once these changes were noted,
the Planning Commission adopted Planning Commission Resolution No. 15 -07,
recommending that the City Council ADOPT Resolution 2015 -29.
Recommendation: That the City Council:
1. Conduct the noticed public hearing and receive public comment;
2. The City Council approve Resolution NO. 2015-29, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD APPROVING DESIGN REVIEW 14.03 FOR THE
CONSTRUCTION OF A NEW RESIDENTIALICOMMERCIAL
MIXED USE DEVELOPMENT TOTALING 11,860 SQUARE
FEET OF RETAILIOFFICE SPACE AND 46 APARTMENTS.
THE PROJECT INCUDES A DENSITY BONUS APPLICATION.
THE SUBJECT SITE IS LOCATED AT 8408 GARVEY AVENUE
IN THE C -3 MUDO -D (MEDIUM COMMERCIAL WITH A MIXED
USE AND DESIGN OVERLAY) ZONE (APN:5283. 005.028)
3. The City Council adopt the Mitigation Negative Declaration and file the Notice of
Determination for the project.
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
C. Resolution No. 201528 — A Resolution of the City Council of the City of Rosemead
Ordering the Vacation of the Alley between Brighton Street and Del Mar Avenue
On May 12, 2015, the City Council adopted Resolution No. 2015 -21, declaring its intention to
vacate the Alley between Brighton Street and Del Mar Avenue, and setting June 9, 2015, as
the date for a public hearing on this matter.
Recommendation: That the City Council approve Resolution No. 2015 -28, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ORDERING THE VACATION OF THE ALLEY
BETWEEN BRIGHTON STREET AND DEL MAR AVENUE
5. CONSENT CALENDAR
A. Claims and Demands
• ResolutionNo.2015 -37
Recommendation: to approve Resolution No. 2015 — 37, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS
IN THE SUM OF $630,846.28 NUMBERED 88866 THROUGH
89000 INCLUSIVELY
• ResolutionNo.2015 -12
Recommendation: to approve Resolution No. 2015 —12, entitled:
A RESOLUTION OF THE CITY OF ROSEMEAD AS THE
SUCCESSOR AGENCY OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION ALLOWING CERTAIN CLAIMS
AND DEMANDS IN THE SUM OF $88,911.25 NUMBERED
10130
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
B. Second Reading of Ordinance No. 949: Adoption of Development Impact Fees (DIF)
and Resolution No. 2015.07, Approving the Final Draft DIF Study
On May 26, 2015, the City Council introduced Ordinance No. 949, amending the Rosemead
Municipal Code by repealing Section 12.44.020 (Park and Recreation Impact Fee) of Title
12, Chapter 12.44 and adding Article 7 (Development Fees), Chapter 17.170 (Development
Impact Fees) to Title 17 to establish Development Impact Fees (DIF) for new residential and
nonresidential development. The City Council further directed staff to reduce the proposed
park fee for the single - family land use category from $5,900 to $4,318 and gave direction to
lower the multi - family land use category by a proportionate amount. Therefore, the final
proposed City Council Resolution No. 2015 -07 includes the reduced park impact fee of
$4,318 for new single - family dwelling and $3,597 for multi - family dwellings. No other
modifications were made to City Council Resolution No, 2015 -07
Recommendation: That the City Council:
1. Adopt Ordinance No. 949 at its second reading, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING THE ROSEMEAD
MUNICIPAL CODE BY REPEALING SECTION 12.44.020
(PARK AND RECREATION IMPACT FEE) OF TITLE 12,
CHAPTER 12.44 AND ADDING ARTICLE 7 (DEVELOPMENT
FEES), CHAPTER 17.170 (DEVELOPMENT IMPACT FEES) TO
TITLE 17 TO ESTABLISH DEVELOPMENT IMPACT FEES FOR
NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT
2. Approve Resolution No. 2015 -07, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADDING DEVELOPMENT IMPACT
FEES TO THE CITY'S COMPREHENSIVE FEE SCHEDULE TO
IMPLEMENT THE DEVELOPMENT FEE PROGRAM
ESTABLISHED BY ORDINANCE NO. 949
C. Annual Salary and Benefits Resolutions
The City Council will consider approval of four annual salary and benefits Resolutions:
General Service Unit, Middle Management, Professional, and Confidential Service Unit,
Management Service Unit, and City Council. The Resolution for the General Service Unit
includes an amendment to an existing Memorandum of Understanding (MOU) with the
Rosemead Employees Association (REA) covering all General Service employees. The
other annual Resolutions detail the changes to the terms and conditions of employment for
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
other full -time employees. The purpose of the annual salary and benefits resolutions is to
ensure transparency and to implement modifications to the City's compensation system.
Amendments to the MOU and Resolutions also include salary range adjustments for various
full -time classifications to maintain a competitive position in the local labor market in
accordance with existing policies and procedures.
Recommendation: That the City Council approve Resolution No. 2015 -31, Resolution No.
2015 -32, Resolution No. 2015 -34, and Resolution No. 2015 -35, respectively entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS
IN THE GENERAL SERVICE UNIT OF THE CITY OF
ROSEMEAD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS
IN THE MIDDLE MANAGEMENT, PROFESSIONAL, AND
CONFIDENTIAL SERVICE UNIT OF THE CITY OF ROSEMEAD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR CLASSIFICATIONS
IN THE MANAGEMENT SERVICE UNIT OF THE CITY OF
ROSEMEAD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ESTABLISHING ANNUAL
SALARY RANGES AND BENEFITS FOR THE CITY COUNCIL
OF THE CITY OF ROSEMEAD
D. Resolution Authorizing the Release of Unclaimed Checks Pursuant to Government
Code Section 50050 through 50056
On an annual basis, the City is required to review the outstanding check list for outdated
checks pursuant to Government Code Section 50050 through 50056. Unclaimed checks
which are held over three (3) years are published once a week for two successive weeks in a
newspaper of general circulation published in the City of Rosemead. A statement
announcing that the money shall become the property of the City of Rosemead forty -five (45)
days after the publication of the first notice is included in the Public Notice. Upon the close
of business on the forty -fifth (45) day after publication of the first notice, the unclaimed
checks shall become the property of the city of Rosemead and transferred to the General
Fund.
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
Unclaimed checks that are less than $15 which remain unclaimed for a period of at least one
year can be transferred to the General Fund after City Council approval without having to
publish a notice in the newspaper.
Recommendation: That the City Council approve Resolution No. 2015 -27, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING THE RELEASE OF
UNCLAIMED CHECKS PURSUANT TO GOVERNMENT CODE
SECTION 50050 AND 50053 TO THE CITY OF ROSEMEAD
E. Deputy Probation Officer Annual Contract Renewal
The City currently contracts with the Los Angeles County Probation Department for one
Deputy Probation Officer (DPO's) for juvenile prevention and intervention programs. The
DPO works full -time with Rosemead youth who have been identified as at -risk or arrested for
minor criminal offenses. These juveniles may have problems ranging from school
performance and attendance to vandalism, theft and drug arrests. The DPO's authority
allows him to work closely with the juveniles and their families to implement a variety of
programs and services to help correct their behavior.
Recommendation: That the City Council approve the agreement with the Los Angeles
County Probation Department and authorize the City Manager to sign any necessary
documentation.
F. Used Oil Payment Program Grant Application
The California Oil Recycling Enhancement Act of 1991 authorizes the Department of
Resources Recycling and Recovery (CalRecycle), formerly known as the California
Integrated Waste Management Board, to award grants to enhance the collection and
recycling of used lubricating oil. Rosemead is eligible to apply under the Used Oil Payment
Program for the July 1, 2015 — June 30, 2016 fiscal year.
Recommendation: That the City Council approve Resolution No. 2015 -33, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AUTHORIZING THE SUBMITTAL
OF AN USED OIL PAYMENT PROGRAM APPLICATION AND
RELATED AUTHORIZATIONS
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
6. MATTERS FROM CITY MANAGER & STAFF
A. Enhanced Watershed Management Program (EWMP) for Compliance with Federal and
State Storm Water Regulations
The California Regional Water Quality Control Board, Los Angeles Region (Board) adopted
an updated National Pollutant Discharge Elimination System (NPDES), Municipal Separate
Storm Sewer System (MS4) Permit, Order No. R4- 2012 -0175, effective December 28, 2012.
This MS4 Permit is a set of regulations, control measures, and programs aimed at preventing
the pollution of storm water and urban runoff within Los Angeles County. The Permit applies
to municipalities who operate a storm sewer system within Los Angeles County and 84 of the
88 cities in the County are party to this Permit. Prior to the issuance of the MS4 Permit
effective December 28, 2012, all agencies were operating under a Permit issued in 2001. By
comparison, the newly updated MS4 Permit contains more stringent water quality regulations
but enables a collective approach to compliance.
In June 2013, the City Council approved the City's participation in a group, consisting of
sixteen (16) other cities and Los Angeles County, to develop an Enhanced Watershed
Management Program (EWMP) as the City's chosen mechanism of compliance with the MS4
Permit. The Enhanced Watershed Management Plan is a multifaceted approach to manage
stormwater and improve water quality throughout the region. The draft plan, to was prepared
by a team of consultants, is ready for submittal to the Board for approval.
Attaining compliance with MS4 permit through the implementation of an EWMP requires
jurisdictions to implement Green Streets Best Management Practices (BMPs) which divert
stormwater runoff from gutters into retention mechanisms such as bio- swales or curb cuts
that allow for soil infiltration.
Recommendation: That the City Council;
1. Receive and file this report; and
2. Approve Resolution No. 2015 -38, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING A POLICY OF
IMPLEMENTING GREEN STREETS BEST MANAGEMENT
PRACTICES FOR STORMWATER MANAGEMENT
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
B. Adoption of the City of Rosemead Appropriations Limit
Article XIIIB of the Constitution of the State of California was enacted by a vote of the people
as Proposition 4 (the Gann Initiative) in November 1979. This law limits the level of most
appropriations from tax sources that the state and most local government entities are
permitted to make in any given year. It also requires that annually each government unit
calculate its Appropriations Limit and adopt it by Resolution prior to the beginning of the
fiscal year under consideration.
Recommendation: That the City Council approve Resolution No. 2015 -36, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING AN APPROPRIATION
LIMIT FOR THE 2015.16 FISCAL YEAR
C. Adoption of the 2015.16 Fiscal Year Budget
The City Council will consider the adoption of the City's Budget for the 2015 -16 Fiscal Year,
which provides for total appropriations of $31,014,300. The ongoing General Fund
Operating Budget of $20,107,200 is balanced with a small surplus for the upcoming fiscal
year. Consequently a full scope of services to residents will be continues without service
reductions.
A budget workshop with the City Council was held on May 12, 2015. Since the budget
workshop was conducted, several adjustments to General Fund expenditures have been
made to reflect better estimates of the FY 2015 -16 costs. After adjustments, the General
Fund operating budget has a surplus of $345,800; however, the operating surplus will be
transferred into the Capital Improvement Program (CIP) along with limited resources from
the unallocated fund balance of the General Fund to pay for needed infrastructure projects.
Recommendation: That the City Council:
1. Approve Resolution No. 2015 -30, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, ADOPTING THE ANNUAL
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
THE 2015.16 FISCAL YEAR
2, Approve Resolution No. 2015 -06, entitled:
A RESOLUTION OF THE ROSEMEAD HOUSING
DEVELOPMENT CORPORATION ADOPTING THE ANNUAL
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR
THE 2015.16 FISCAL YEAR
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
D. Adopt Urgency Ordinance No. 953 Amending Municipal Code Section 13.04
concerning Water Conservation
On November 10, 2014 the City Council adopted Resolution 2014 -57 implementing Phase
II water shortage conservation measures. Subsequently, on April 1, 2015 Governor Brown
issued an executive order mandating additional water conservation of 25% statewide
compared to 2013 usage figures. Based upon the additional mandates, the City's current
Phase II restrictions are not sufficient and the City's current code section 13.04.060
regulating Phase III restrictions also are not sufficient. Therefore, Urgency Ordinance 953
is being presented to completely amend code sections 13.04.040, 13.04.050, 13.04.060
and 13.04.080 to ensure compliance with the Governor's mandate and the intended
response of the six (6) water companies that supply water to Rosemead.
Additionally, due to the Governor's executive order, the City Council needs to declare a
Phase III water shortage with mandatory conservation measures.
Recommendation: That the City Council:
1, Adopt Urgency Ordinance No. 953, entitled
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTERS 13.04.040, 13.04.050,
13.04.060 AND 13.04.080 OF THE ROSEMEAD MUNICIPAL CODE
CONCERNING WATER CONSERVATION
2. Approve Resolution No. 2015 -24, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA DECLARING A PHASE III WATER
SHORTAGE WITH MANDATORY WATER CONSERVATION
MEASURES
7. MATTERS FROM CITY COUNCIL
8. ADJOURNMENT
The next regular City Council meeting is scheduled to take place on June 23, 2015 at 7:00
p.m. in the Rosemead City Hall Council Chamber.
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ROSEMEAD CITY COUNCIL, HOUSING DEVELOPMENT CORPORATION AND THE SUCCESSOR AGENCY OF THE
ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION JOINT MEETING AGENDA
JUNE 9, 2015
Upcoming City - Sponsored Community Events
Rosemead Park Skate Plaza Design Workshop Wednesday, June 17`
Rosemead Community Recreation Center 6:00 p.m. - 8:00 p.m.
3936 N. Muscatel Avenue
Relay for Life Luminaria Ceremony Thursday, June 25"
Zapopan Park 7:30 p.m, - 9:00 p.m.
8301 Garvey Avenue
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