HomeMy WebLinkAboutrda min 2010/01/26 cc/pfa/ha/idaMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, AND SPECIAL
MEETINGS OF THE REDEVELOPMENT AGENCY, PUBLIC FINANCING AUTHORITY,
HOUSING AUTHORITY AND INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF CHULA VISTA
January 26, 2010
4:00 P.M.
A Regular Meeting of the City Council and Special Meetings of the Redevelopment Agency,
Public Financing Authority, Housing Authority, and Industrial Development Authority of the
City of Chula Vista were called to order at 4:03 p.m. in the Council Chambers, located in City
Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Council/Authority/Agency Members: Bensoussan, Castaneda, Ramirez,
Thompson, and Mayor/Chair Cox
ABSENT: None
ALSO PRESENT: City Manager/Executive Director Sandoval, City Attorney/Agency
Counsel Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Ramirez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
• DID YOU KNOW about the Family Community Room at the Library?
Library Director Waznis introduced Senior Librarian Whatley who gave a presentation about the
many programs and services offered by the Library.
Principal Librazian Loney gave a presentation about Cultural Arts events offered at the Library
branches, and historic information about the Library.
Senior Librarian Taylor talked about the Library's youth reading programs. She then presented a
video that illustrated the Librazy's Summer Reading Program.
CONSENT CALENDAR
(Items 1-8)
Item 4 was removed from the Consent Calendaz at the request of staff. The item was not
discussed and no action was taken.
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CONSENT CALENDAR (Continued)
APPROVAL OF MINUTES of October 6, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of resignation from Susana Liston, Cultural Arts Commission.
Staff recommendation: Council accept the resignation.
ORDINANCE NO. 3149, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE AND
ADDING SECTION 15.26.030, INCREASED ENERGY EFFICIENCY STANDARDS
(SECOND READING AND ADOPTION)
The Council previously approved Implementation Plans for the Climate Change Working
Group (CCWG) measures. Measure 4, Green Building Standards, consists of several
components, one of which is the adoption of higher energy efficiency than the State-
mandated building energy efficiency standazds. The proposed ordinance amends the
City's Energy Code and adopts increased energy efficiency standazds. This ordinance
was introduced on October 20, 2009. (Deputy City Manager/Development Services
Director)
Staff recommendation: Council adopt the ordinance.
4. Item 4 was removed from the Consent Calendaz.
RESOLUTION NO. 2010-016, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING DEVELOPMENT IMPACT FEE PAYMENT
PLAN AGREEMENTS (AGREEMENTS) WITH BROOKFIELD OTAY R17, LLC,
FOR OTAY RANCH VILLAGE 11, "CORDOVA", PHASE FIVE AND SIX AND
WITH BROOKFIELD OTAY R15/16, LLC FOR OTAY RANCH VILLAGE 11,
"TRELLIS" PHASE SEVEN AND EIGHT; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING
THE CITY CLERK TO RECORD THE LIENS AND THE AGREEMENTS WITH THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
On January 6, 2009, the City Council adopted Ordinance No. 3 ] 20 providing developers
the opportunity to enter into a payment plan for City Development Fees to stimulate
development during this economic downturn. These agreements with Brookfield Otay
R17 LLC and Brookfield Otay R15/16, set forth the terms of the payment plan for two
residential projects within the Otay Ranch Village 11. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
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CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2010-017, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
REGARDING DEVELOPMENT IMPACT FEES
The City of Chula Vista requires the payment of development impact fees (DIF) for
transportation related improvements as a condition of development. Members of the
development community have contacted the City with a request to not increase DIF fees
during the current economic conditions to stimulate development. The proposed
amendment to the master fee schedule would keep transportation development impact
fees constant at 2009 levels until 2011, at which time the fees would be adjusted to reflect
any changes to construction costs that occurred during this period. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2010-018, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $214,330 FROM THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID
FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND
SECURITY PROGRAM (4/STHS VOTE REQUIRED)
The San Diego County Office of Emergency Services, who administers the State
Homeland Security Program (SHSP), has notified the City of the fiscal year 2009 SHSP
award in the amount of $214,330. The State Homeland Security Program is designed to
improve domestic terrorism preparedness of state and local governments by addressing
equipment, training, exercises, and planning needs. (Chief of Police)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2010-019, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $7,000 FROM THE UNITED STATES
MARSHALS SERVICE AND APPROPRIATING SAID FUNDS TO THE FISCAL
YEAR 2010 POLICE DEPARTMENT BUDGET FOR THE FUGITIVE TASK FORCE
(4/STHS VOTE REQUIRED)
As a participating agency of the San Diego Fugitive Task Force, the United States
Marshals Service (USMS) has allocated $7,000 to the Police Department for approved
equipment services, training or supplies directly related to the task force. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Cox moved to approve staffs recommendations and offered Consent
Calendar (Items 1 through 3, and 5 through 8), headings read, text waived.
Deputy Mayor Ramirez seconded the motion and it carried 5-0.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
4. RESOLUTION OF THE CITY COUNCIL, THE REDEVELOPMENT AGENCY, THE
PUBLIC FINANCING AUTHORITY, THE HOUSING AUTHORITY, AND THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF CHULA VISTA,
WANING THE FORMAL CONSULTANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING AN AGREEMENT WITH STRADLING,
YOCCA, CARLSON & RAUTH FOR BOND AND DISCLOSURE COUNSEL
SERVICES
The law firm of Stradling, Yocca, Cazlson and Rauth has served as the City's bond
counsel for the City's certificates of participation and tax allocation bond refundings and
restructurings, the City's Housing Authority and Industrial Development Authority since
1997. Adoption of the resolutions approves an agreement with Stradling, Yocca, Cazlson
and Rauth. This agreement updates the terms, conditions, pricing of Bond Disclosure and
Counsel services, and pricing of other services as needed. The agreement expires on
January 26, 2013 with three one-year options to extend. (Director of Finance)
Staff recommendation: Council, Redevelopment Agency, Public Financing Authority,
Housing Authority and Industrial Development Authority adopt the resolution.
This item was not discussed and no action was taken.
PUBLIC COMMENTS
Sheri Given, Chula Vista resident at Treviana at Lomes Verdes community, spoke in opposition
to SANDAG's proposed bus route in the Treviana community, and she requested Council
consideration to assist the residents on the matter.
Russell Smith, Chula Vista resident at Treviana Lomes Verdes community, spoke in opposition
to SANDAG's proposed bus route in the Treviana community, and he asked for Council support
on the matter.
Leonazd Fabian, Chula Vista resident at Treviana/Monet community, spoke in opposition to
SANDAG's proposed bus route in the Treviana community, and he asked for Council assistance
in choosing an alternative route.
Mayor Cox suggested that the speakers contact David Hicks, SANDAG spokesman for the
proposed bus route, at 619/699-6939 to discuss their concerns.
PUBLIC HEARINGS
CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING SECTION
15.60 OF THE MUNICIPAL CODE RELATED TO ABANDONED RESIDENTIAL
PROPERTIES, AND A COUNCIL RESOLUTION ADOPTING A POLICY
GOVERNING ITS ENFORCEMENT
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PUBLIC HEARINGS (Continued)
The Development Services Department has prepazed amendments to CVMC Section
15.60 Abandoned Residential Property Registration Program and a new Council Policy
governing the enforcement of CVMC Section 15.60. These proposed modifications were
prepazed in response to concerns raised by members of the local real estate sales industry.
These amendments and new Council Policy address several of the concerns which were
brought to the Department and City Council's attention over the last yeaz. (Deputy City
Manager/Development Services Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
City Attorney Miesfeld recommended that Councilmember Thompson recuse himself from
taking action on the item because of the nature of his business in real estate. Councilmember
Thompson left the dais at 4:43 p.m.
City Manager Sandoval introduced the item, and Code Enforcement Manager beeper provided
information on the existing Registration of Abandoned Property Program (RAPP) ordinance, and
presented proposed amendments to the ordinance and the proposed Council policy.
Mayor Cox opened the public hearing.
Tom Money, Chula Vista resident, suggested an appeal process to help mitigate subjective issues
for both buyers and lenders.
Mark Marquez, San Diego resident, deferred to Erik Weichelt for comments.
Erik Weichelt, San Diego resident, representing San Diego Association of Realtors, stated there
were concerns by both realtors and banking institutions regarding potential litigation and fines
associated with taking possession of foreclosed properties where current or previous owners have
left debris or have left the property in poor condition. He urged the Council to postpone action
on the item for 60 days so all parties could address the issues.
Scott Molloy, San Diego resident, representing the San Diego Association of Realotrs, stated
there were unresolved issues associated with tenancy laws and trespassing violations - at the time
of notice of default, often the property is still occupied, and the banks were not permitted to enter
the property. He stated that it was unfair for brokers to bear the cost for code violations on short
sales. He suggested a standardized communication system for lenders who registered with the
Mortgage Electronic Registry System (MERS) database.
Steve Lemack, Chula Vista resident, spoke in support of the proposed ordinance, and he
suggested that upon the filing of a notice of default, the City should send a registered letter to the
homeowner informing them of possible fines and consequences if the home was stripped or
destroyed.
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PUBLIC HEARINGS (Continued)
Victor Ibarra, Chula Vista resident, representing the Pacific Southwest Association of Realtors,
stated that it was discriminatory for sellers to be burdened with additional fees or full cost
recovery. He further stated that short sales should not be subject to fines, and banks should not
be fined when registering through an automated national database. He stated that the proposed
ordinance should be enforced only after home foreclosures and ownership by the bank.
Mark Scott, Bonita resident, stated that full cost recovery was unfair on short sales.
Jay Norris, Chula Vista resident, representing Pacific Southwest Association of Realtors, stated
that although the proposed ordinance was for the right reasons, he suggested amending the
ordinance to provide that investors who purchased properties not be subjected to fines levied to
lenders, and to include language that would address excessive liens and fines associated with
trash, landscape, and weeds.
Carmelita Vinson, Chula Vista resident, representing the Asian-American Property Owners and
Real Estate Professionals, asked the Council for its continued support of the interests and needs
of community residents.
Scott Vinson, Chula Vista resident, representing the Chula Vista Chamber of Commerce, spoke
in support of Pacific Southwest Association of Realtors' suggested amendments to the ordinance,
which would assist local businesses. He stated there was a need to address problems with liens
on foreclosed homes, additional costs associated with short sales, and impacts of cost recovery
on realtors.
Richard Keller, Chula Vista resident, spoke about issues related to a lien placed on his property
for failure to file, within the required timeframe, a second permit to remedy a violation on the
property that had occurred prior to his purchase. He stated that the City was being overzealous
with its violation notices, and it was his sentiment, as well as other residents, that this was a
means to generate revenue for the City.
Isabel Hall, Chula Vista resident, spoke in opposition to the proposed ordinance, and suggested
that abandoned properties be re-evaluated, fine systems not be levied on short sales, notification
be improved, fines be reduced, new buyers should not have to pay the fines, and that a system be
implemented to handle payment of fines to avoid delays in escrow closures.
Patti McKelvy, Chula Vista resident, stated that buyers should be recognized for cleaning up
abandoned properties, rather than being fined. She stated there was a need for a common sense
approach and faster processing times for fines associated with violations on abandoned
properties, and that the proposed fines were excessive.
Pat Russiano, representing the Pacific Southwest Association of Realtors, stated there was a need
for understanding between all parties involved for the sale and occupancy of vacant homes.
Richard D'Ascoli, representing Pacific Southwest Association of Realtors, spoke in support of
the proposed ordinance, with the following amendments: Stop all fines on short sales, including
full cost recovery; enforce the ordinance after foreclosure rather than at the notice of default; and
remove or reduce high fines for small, non-blight-related infractions. He also suggested that the
Council review the ordinance at a date certain within the next year:
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PUBLIC HEARINGS (Continued)
There being no further members of the public who wished to speak, Mayor Cox closed the public
heazing.
Mayor Cox asked staff to respond to the speakers' comments. Deputy City Manager Halbert
commented that the high cumulative level of fines over the past two years was representative of
the magnitude of foreclosure problems in the City. He stated that staff would like the
opportunity to continue working with the realtors to address and negotiate existing issues. He
requested Council consideration to move forward with the proposed amendment and to have
staff continue working with realtors and the banking industry.
Councilmember Bensoussan stated that she and Councilmember Thompson were previously
tasked by the Council to address issues with realtors and interested stakeholders about
abandoned residential properties. To that end, Councilmember Bensoussan offered the following
recommendations: An amendment to Municipal Code Section 15.60.020 "Definitions", by
adding the word "Abandoned" and adding the clause, "...being listed as active in the Multiple
Listing Service (MLS)" or "...being advertised in a commonly used medium for sale of real
estate..."
Staffinember Leeper responded and suggested, with concurrence by Councilmember
Bensoussan, that the amendment read "...an active listing in an electronic database accessible to
City staff..." Councilmember Bensoussan also recommended that the City subscribe to the MLS.
Councilmember Bensoussan then recommended the following amendments for reduced fines
associated with Health and Safety violations: Level 1, Health and Safety -from $500 per day, to
$250 per day for the first 30 days, and $375 per day thereafter; Level 2, Visual Blight -from
$250 per day to $150 per day for the first 30 days and $225 per day thereafter; Level 3,
Administrative Violations -from $100 per day to $50 per day for the first 30 days and $75 per
day thereafter.
Councilmember Castaneda recommended the removal of fines and penalties issued by the City
during the recorded default, prior to foreclosure sale, rather than the proposed 33% reduction in
fines and penalties, provided that all violations were corrected within 30 days of the foreclosure
sale.
Dialogue ensued regarding fines and penalties associated with clean up compliance.
Councilmember Bensoussan recommended adoption of the proposed ordinance with the task
force's amendments, and to have staff come back in the future with any additional amendments.
Councilmember Bensoussan stated there was a need to have staff look at fees associated with
contractual obligations of short sales and to review the ordinance in one year. She also noted
that appeal fees needed to be addressed.
Deputy Mayor Ramirez recommended that staff come back to the Council in 30 days with a
recommendation regarding fines associated with non-compliance on abandoned residences.
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PUBLIC HEARINGS (Continued)
Mayor Cox spoke in support of the recommendations by Councilmember Bensoussan, and to
have staff return in six months with a summary of the impacts on staff resulting from reduced
fines, and to return to the Council with a more complete report in one yeaz.
Councilmember Castaneda responded that six months was too long, and suggested that staff
return to the Council in 30-60 days with specific recommendations regarding a policy for
waiving fines, and to address the legal authority by lenders or agents to have entry access to
properties in default.
ACTION: Councilmember Bensoussan moved to place the following ordinance on first
reading as amended to include the electronic database in the definition for
abandoned properties, and to adopt the following resolution, as amended to
reduce the schedule of fines:
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
15.60 OF THE MUNICIPAL CODE REQUIRING THE REGISTRATION OF
ABANDONED RESIDENTIAL PROPERTIES (FIRST READING)
B. RESOLUTION NO. 2010-020, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING A NEW CITY COUNCIL POLICY
GOVERNING THE ENFORCEMENT OF CHULA VISTA MUNICIPAL CODE
SECTION 15.60
Mayor Cox seconded the motion and it carved 4-0-1, with Councilmember
Thompson abstaining.
Deputy City Manager Halbert suggested that staff could return in six months with a report
regarding the effects of reduction in fines, and then come back in 60 days with a report on the
pros and cons of fine waivers. Councilmember Bensoussan also requested staff to include full
cost recovery in its report back to the Council in 60 days.
Mayor Cox announced a meeting recess at 6:58 pm. The meeting reconvened at 7:16 p.m., with
all members present, with the exception of Councilmember Castaneda who was recusing himself
from participation on Item 10.
10. CONSIDERATION OF AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS RELATING TO THE SALE AND DELIVERY OF CERTIFICATES OF
PARTICIPATION
On January 20, 2009, the City Council endorsed the City Manager's "Fiscal Health Plan"
which included the review of the outstanding debt obligations to ensure that the City will
continue to meet its debt obligations and minimize the impacts to City services. (Director
of Finance/Treasurer)
Notice of the heazing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
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PUBLIC HEARINGS (Continued)
Finance Director Kachadoorian gave an update on the City's sale and delivery of Certificates of
Participation.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing
ACTION: Mayor Cox moved to adopt the following Council Resolution No. 2010-021, and
Chula Vista Public Financing Authority Resolution No. 2010-022, headings read, text
waived:
A. RESOLUTION NO. 2010-021, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS
RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED
$30,000,000 2010 CERTIFICATES OF PARTICIPATION, AND
AUTHORIZING REIMBURSEMENT OF UP TO $9,347,515 TO THE PUBLIC
FACILITY DEVELOPMENT IMPACT FUND FROM PROCEEDS FROM THE
SALE OF THE CERTIFICATES OF PARTICIPATION AND
APPROPRIATING MONEYS THEREFROM, AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH (4/STHS
VOTE REQUIRED)
B. PUBLIC FINANCING RESOLUTION NO. 2010-015, RESOLUTION OF THE
CHULA VISTA PUBLIC FINANCING AUTHORITY ESTABLISHING
REGULAR MEETING DATES
Councilmember Thompson seconded the motion and it carried 4-0-1, with
Councilmember Castaneda abstaining.
Councilmember Castaneda returned to the dais at 7:17 p.m.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Sandoval announced that the Neuter Scooter would be offering neutering services
for cats fora $30 fee, at the Animal Care Facility on February 3, 2010. He stated that the City
had partnered with the Chula Vista Elementary School District to create a display by students of
the City's history, and the display could be viewed at the entry to City Hall. He provided an
update about issues regarding the South Bay Cruisers, stating that he was hopeful for a
collaborative process between all parties.
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OTHER BUSINESS (Continued)
12. MAYOR'S REPORTS
A. Council consideration of temporarily transferring the responsibilities of the
Childcare Commission to staff at the Chula Vista Elementary School District, and
the Human Relations Commission to Police Chief David Bejazano's Police
Chief's Community Advisory Committee.
ACTION: Mayor Cox moved to transfer the responsibilities of the Childcare Commission to
staff at the Chula Vista Elementary School District, and Human Relations
Commission to Police Chief Bejazano's Police Chief's Community Advisory
Committee. Councilmember Bensoussan seconded the motion and it carried 5-0.
B. Update by Mayor Cox and Councilmember Bensoussan on Chula Vista's
upcoming Centennial, including the work of the Committee of 100 and
chulavistacentennial.ore, Chula Vista's official centennial website.
Mayor Cox spoke about recent meetings of the Chula Vista Committee of 100, and work by the
committee to create a formal website, chulavistacentennial.org. She stated that the next meeting
would be scheduled in February. She further stated that Dr. Steven Schoenherr was writing a
book about the City's history, and anyone interested in assisting Dr. Schoenherr with historic
information, could contact him via a-mail at committeeofl00@chulavistaca.gov, or through the
Mayor's Office. She stated that in prepazation for the City's centennial in November 2011, the
City was looking forward to the arrival of the Tall Ship Californian in October of this year.
13. COUNCILMEMBERS' COMMENTS
Deputy Mayor Ramirez -Discussion on process to prohibit alcohol at Rienstra
Pazk.
Deputy Mayor Ramirez summarized his prior request to look at the process to prohibit alcohol at
Rienstra Pazk.
City Attorney Miesfeld noted that the current City ordinance permitted the ban of alcohol in
parks, so long as signs were posted, which would require adoption of a resolution to ban alcohol,
based on alcohol-related problems. Police Chief Bejarano reported that in 2009, the department
averaged less than two calls per month for alcohol-related issues at Rienstra Pazk.
Deputy Mayor Ramirez stated that the Little League and Pony League Presidents and Boazd of
Directors had noted that alcohol consumption was a problem at Rienstra Park.
Mayor Cox suggested alerting the Police Department Senior Volunteer Patrol to observe
behavior in the pazk. Chief Bejarano further suggested having the community report any alcohol
related problems.
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OTHER BUSINESS (Continued)
It was the consensus of the Council to direct staff come back to the Council in 60 days with a
proposed resolution regazding alcohol consumption at Rienstra Park.
Councilmember Bensoussan congratulated City Manager Sandoval and staff on the successes of
the Animal Caze Facility, and ribbon-cutting event with PIMA Medical Institute. She
commented on an e-mail she received from Bill Hall regarding Haiti relief efforts, and swift
responses by Scripps Hospital staff who were on standby to mobilize teams to Haiti.
ADJOURNMENT At 7:46 p.m., Mayor Cox adjourned the meeting to the next Regular City
Council Meeting on February 2, 2010, at 4:00 p.m., in the Council
Chambers.
DYE-GcG~ D
Donna R. Norris, C C, City Clerk
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