HomeMy WebLinkAbout01 - MinutesMarch 12, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
February 26, 2019
I. ROLL CALL - 5:00 p.m.
II.
Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield,
Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill,
Mayor Diane Dixon
SSI. Clarification of Items on the Consent Calendar - None
SS2. Presentation to Emily Park- 2018 Newport Beach Junior Lifeguard of the Year
Lifeguard Captain O'Rourke highlighted Emily Park's accomplishments and presented her with
the Newport Beach Fire Department 2018 Junior Lifeguard of the Year plaque and a
$250 scholarship check from the California State Life Saving Association (CSLSA). Miss Park
highlighted her experiences with and the value of the Newport Beach Junior Lifeguard Program,
and Mayor Dixon read and presented Miss Park with a proclamation.
SS3. Presentation to the Newport Harbor High School Varsity Girls Soccer Team for
Clinching the League Championship
Principal Sean Boulton and Coach Justin Schroeder highlighted the team's season,
championship, and academic achievements. Mayor Dixon read and presented a proclamation to
the Varsity Girls Soccer Team who presented the Mayor with a signed soccer ball.
SS4. Recognition of the Newport Beach Police Department for their Investigative Work in
the Linda Ann O'Keefe Case
Police Chief Lewis stated he is proud to serve with the investigators, introduced them, and
thanked Council and City Manager Leung for their commitment to the Police Department.
Police Sergeant Depweg emphasized the teamwork and hard work that occurred during the
investigation and discussed the updated technology used to identify the suspect.
The City Council commended the investigators.
Paul Blank, Treasurer of the Corona del Mar Residents Association, read a letter that was
submitted to Council which expressed the Association's appreciation to the Police Department.
Ron Yeo expressed his appreciation for the Police Department's work.
SS5. Newport Beach Water Supply and System Update
Utilities Director Vukojevic utilized a PowerPoint presentation to discuss the groundwater
supply, water system, its current and future needs, the 16th Street water pump station, the need
for an updated water master plan and water rate study, and the waterline break on Jamboree
Road.
Utilizing a PowerPoint presentation, Orange County Water District (OCWD) Director Steve
Sheldon and General Manager Mike Markus displayed a map of the OCWD area and discussed
its history, the aquifer, the City's water supply mix, the groundwater replenishment system, the
rain gauge in Anaheim, and how they are capturing Santa Ana River storm flows from Prado
Dam. Everyone was encouraged to take a tour of the groundwater replenishment system.
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
In response to Council questions, Director Sheldon and General Manager Markus discussed
desalinization, OCWD's rate plan and cycle, the benefits of the groundwater replenishment
system expansion, the governor's proposed water tax, their partnership with the Orange County
Sanitation District (OCSD), and the concerns surrounding the Colorado River. Utilities Director
Vukojevic reported on various pipes used for best longevity, explained the water master plan
and the key aspects of the water rate study, noted he will be bringing a contract before Council
at the next meeting for a water rate consultant and posting the draft water master plan, and
indicated the formal adoption of the water master plan will be coming from the Public Works
Department.
Jim Mosher clarified that responsibility for the City's water system lies with the City Council,
not the Water Quality/Coastal Tidelands Committee.
Jim Mosher noted his written comments included an apology about a comment he made at the last
meeting. Referencing Item IV.C, he believed the City needs to read what it signs, noting Central
Parking System Inc. was incentivized to receive a portion of the revenue but they did not assist in
generating it.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
items listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Diane B. Dixon, Mayor and Will O'Neill, Mayor Pro Tem
Employee Organizations: All employees in the Key and Management Group.
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ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(2)(3)): 1 matter
The facts and circumstances giving rise to closed session consist of a dispute regarding alleged
unpaid money arising out of the Amended and Restated Professional Services Agreement with
Central Parking System, Inc. for Parking Meter Services, dated May 22, 2012, as amended. In
accordance with Government Code § 54957.5, a copy of the correspondence dated June 29, 2018 and
October 19, 2018, that sets forth the particulars of the dispute is available for public inspection at
the City Attorney's Office located at 100 Civic Center Drive, Newport Beach, CA 92660.
V. RECESSED - 6:07 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield,
Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill,
Mayor Diane Dixon
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
CLOSED SESSION REPORT - None
INVOCATION - Reverend Dr. George Okusi, St. John the Divine Episcopal Church, Costa
Mesa
PLEDGE OF ALLEGIANCE - Council Member Duffield
NOTICE TO THE PUBLIC
CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Avery:
• Displayed a slide to announce the Newport Heights and Cliffhaven neighborhood meeting at the
Newport Theatre Arts Center on March 6, 2019 at 6:00 p.m.
• Announced he attended meetings held by the Orange County Sanitation District (OCSD)
Council Member Duffield:
• Announced he will be traveling to Washington DC next week to advocate for funding to finish the
dredging project
Council Member Brenner:
• Attended the first General Plan Update meeting at Marina Park, the Corona del Mar Residents
Association meeting, the first of five Public Policymaking sessions at UCI conducted by the
Association of California Cities — Orange County (ACC -OC), the Fostering Interest in Nature (FiiN)
event at the Newport Dunes, and the Costa Mesa Chamber of Commerce meeting to discuss the
homelessness issue
• Displayed a slide to discuss the Grant Howald Park Rehabilitation Project meeting and announced
the project will also be discussed at the Parks, Beaches and Recreation Commission meeting on
March 5, 2019
Council Member Herdman:
• Reported that Phase 1 of the Big Canyon Creek Water Quality Improvement and Restoration
Project won an honor award in the water and storm water category from the California Chapter of
the American Council of Engineering Companies (ACEC)
• Attended the Orange County Mosquito and Vector Control District meeting and asked that
everyone check for standing water, the Police Department swearing-in ceremony, and a meeting
with Orange County Board of Supervisor Lisa Bartlett, Mayor Dixon, Council Member Muldoon
and City Manager Leung to discuss airport issues
• Announced an Aviation Committee meeting on March 4, 2019 at 4:00 p.m. in the Community Room
and a John Wayne Airport (JWA) Town Hall with Orange County Board of Supervisor Michelle
Steel on April 6, 2019, from 10:00 a.m. to noon, in the Community Room
• Displayed a slide from the City's webpage relative to the JWA General Aviation Improvement
Program (newportbeachca.gov/gaip)
Mayor Pro Tem O'Neill:
Announced he was sworn in as a member of the Board of Directors on the San Joaquin Hills
Transportation Corridor Joint Powers Agency and attended the Police Department swearing-in
ceremony
Requested a future agenda item to consider forming a subcommittee to bring back recommendations
relative to the City enacting a lobbyist registration ordinance
Mayor Dixon:
• Displayed slides to report on the FiiN program, the Jamboree Road waterline break, and the JWA
Town Hall on April 6, 2019
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Referencing Item 5 (Amending the City's Certified Local Coastal Program for Consistency), Jim Mosher
requested, if Ordinance No. 2019-5 is adopted, the City commit to amending the Zoning Code and Local
Coastal Plan to restore height limits in planned communities. Deputy Community Development
Director Campbell reported the ordinance accurately reflected Council's direction to staff.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 2, 2019 Special Meeting (Planning Session) and the
February 12, 2019 City Council Meeting [100-2019]
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Second Reading and Adoption of Ordinance No. 2019-2, Amending Newport Beach
Municipal Code Chapters 15.05 and 15.50 Related to Floodplain Management [100-2019]
a) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly; and
b) Conduct second reading and adopt Ordinance No. 2019-2, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Section 15.05.090 of Chapter 15.05, Adding a
Section to Chapter 15.50 and Amending Certain Sections of Chapter 15.50 of Title 15 of the
Newport Beach Municipal Code Related to Floodplain Management.
Council Members Avery, Duffield and Herdman and City Clerk Brown recused themselves
from Item 3 due to real property interest conflicts. Council Member Muldoon announced
he also had a conflict, however, he pulled the playing card at the February 12, 2019 City
Council meeting to be requalified to participate in this matter until its conclusion.
4. Second Reading and Adoption of Ordinance Nos. 2019-3 and 2019-4 Related to the Harbor
Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) [100-2019]
a) Find that the Harbor Pointe Senior Living Project Environmental Impact Report (EIR)
No. ER2018-001 (SCH No. 2016071062) certified by the City Council on February 12, 2019, by
Resolution No. 2019-13 was prepared for the project in compliance with California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy
K-3;
b) Conduct second reading and adopt Ordinance No. 2019-3, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Planned Community Development Plan
Amendment No. PD2015-005 Amending Area 5 of the Bayview Planned Community (PC -32) for
the Harbor Pointe Senior Living Project - A Senior Convalescent and Congregate Care Facility
Located at 101 Bayview Place (PA2015-210); and
c) Conduct second reading and adopt Ordinance No. 2019-4, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Development Agreement No. DA2018-006 for
the Harbor Pointe Senior Living Project - A Senior Convalescent and Congregate Care Facility
Located at 101 Bayview Place (PA2015-210).
Council Member Avery voted `ho" on Item 4 (the announcement was made during Public
Comments on Non -Agenda Items).
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
5. Second Reading and Adoption of Ordinance No. 2019-5, Amending the City's Certified
Local Coastal Program for Consistency (LC2017-002) [100-2019]
a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the
requirements of preparing an environmental impact report or otherwise complying with CEQA
in connection with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2019-5, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal Code
to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California
Coastal Commission (PA2017-047).
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6. Cooperative Agreement for the Administration of the Orange County Taxi
Administration Program (OCTAP); Acceptance of OCTAP Regulations (C-8585-1) [38/100-
2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize City Manager to execute Cooperative Agreement No. C-8-2015 with Orange County
Transportation Authority for the administration of the Orange County Taxi Administration
Program (OCTAP), effective January 1, 2019, through December 31, 2020; and
c) Adopt Resolution No. 2019-18, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Orange County Taxi Administration Program Regulations.
CONTRACTS AND AGREEMENTS
7. Tentative Agreements with Newport Beach City Employees Association (NBCEA)
(C-2059) and Newport Beach Professional and Technical Employees Association
(NBPTEA) (C-2051) [38/100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and consider the Tentative Agreements between the City of Newport Beach and the
Newport Beach City Employees Association and the City of Newport Beach and the Newport
Beach Professional and Technical Employees Association.
S. Amendment No. 4 to the Professional Services Agreement with Host Compliance LLC for
Online Short -Term Rental Listing Audit Services (C-8455-1) [38/100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. 4 to the Professional Services Agreement and authorize the Mayor
and City Clerk to execute the agreement.
MISCELLANEOUS
9. Planning Commission Agenda for the February 21, 2019 Meeting [100-2019]
Receive and file.
10. Appointment to the Finance Committee to Fill an Unscheduled Vacancy [241100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Council Member Kevin Muldoon's appointment of John Reed to serve on the Finance
Committee for a term ending June 30, 2019.
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
11. Grants and Donations [100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusals by Council Members Avery, Duffield and Herdman on
Item 3, and the "no" vote by Council Member Avery on Item 4.
The motion unanimously carried.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Dylan White highlighted his experiences at and concerns regarding the Newport Aquatic Center (NAC),
and requested the City's assistance in dealing with its current board of directors.
Bud E. Weiser announced he is running for President in 2020 in order to stop the warm beer epidemic.
UCI law students Alexandra Carubis, Emily Genzlinger and Kelsey Goldman provided information
about their project to advocate for homeless/low-income individuals and their pets, highlighted their
plans and reviewed pet impound fees. Mayor Pro Tem O'Neill offered to work with the law students.
XVII. PUBLIC HEARINGS
12. Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art
Gallery (PA2018-177) [100-2019]
Community Development Director Jurjis, Principal Planner Ramirez, and Associate Planner Crager
indicated they have not reviewed the letter submitted by Melinda Luthin and utilized a PowerPoint
presentation to highlight the project's background and description, discuss the Planning
Commission hearing and the applicant's appeal, and display the vicinity map, site photos, floor plan,
parking plan, and existing tattoo locations in the City.
In response to Mayor Pro Tem O'Neill's question, Associate Planner Crager confirmed the Planning
Commission did not make any factual determinations.
Savaanah Gallegos, E. Art Gallery, discussed the art aspect of the business, the office hours, noted
tattoos will be done by appointment only, and discussed signage, registration with the Orange
County Health Department, health plans, and reasons people get tattoos.
Council Member Brenner announced she met with Ms. Gallegos at the studio.
Mayor Dixon opened the public hearing. Hearing no testimony, she closed the public
hearing.
Following discussion, motion by Council Member Brenner, seconded by Council Member
Herdman, to a) refer the matter back to the Planning Commission for further consideration in light
of the new evidence; b) require the Planning Commission's decision to include factual findings; and
c) bring the matter back to the Planning Commission within 30 days.
The motion unanimously carried.
13. A Six -Month Extension to a Hoag Development Agreement (PA2018-024) (C-2912) [38/100-
2019]
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
XVIII.
Community Development Director Jurjis provided the staff report and noted the Planning
Commission is recommending approval by the City Council.
Motion by Council Member Herdman, seconded by Mavor Pro Tem O'Neill, to a) find all
significant environmental concerns for the proposed project have been addressed in a previously
certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of
Newport Beach intends to use said document for the above noted project, and further that there are
no additional reasonable alternative or mitigation measures that should be considered in
conjunction with said project; and b) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2019-6, An Ordinance of the City Council of the City of Newport Beach,
California, Amending a Development Agreement between the City of Newport Beach and Hoag
Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2018-004), and pass
on to a second reading on March 12, 2019.
Mayor Dixon opened the public hearing.
Jim Mosher discussed how development agreements were negotiated in the past, asked why staff is
conducting the negotiations now, and questioned how much development is left. Community
Development Director Jurjis indicated Hoag Hospital is trying to protect the additional 450,000
square feet they are entitled to develop.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Council Member Duffield expressed support for the recommendation.
The motion unanimously carried.
14. Resolution No. 2019-20: Amending the Membership of the General Plan Update Steering
Committee [241100-2019]
City Manager Leung reported the item is a result of Council direction at the February 12, 2019 City
Council meeting.
Motion by Council Member Brenner, seconded by Council Member Herdman, to
a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result
in a physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2019-
20, A Resolution of the City Council of the City of Newport Beach, California, Amending the
Membership of the General Plan Update Steering Committee.
The motion unanimously carried.
15. Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to
On -street Parking Impacts Due to Construction Activities and the Overall Time a
Construction Project May Take [100-2019]
Community Development Director Jurjis and Deputy Community Development Director Ghosn
utilized a PowerPoint presentation to discuss the factors driving the construction parking impacts,
the level of construction activity occurring in the City, the history of the issue, highlight resident
concerns and the proposal to limit various types of construction projects on Saturdays between
Memorial Day and Labor Day, display a sample project information sign, and discuss the parking
management plan for projects within 200 feet of each other, notification of implementation, what
other cities are doing, the implementation timeline, the seasonal parking enforcement proposal, and
corrections to the ordinance.
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
In response to Council questions, Community Development Director Jurjis, Deputy Community
Development Director Ghosn and City Attorney Harp clarified that the construction time limit
would apply to new and existing projects, the architect typically would produce the parking
management plan, the construction time limit can be determined by Council, and the ordinance
would also apply to areas within a homeowners association.
Mayor Pro Tem O'Neill expressed concerns with applying the ordinance to areas that do not have
parking issues, are in a gated community, and are within a homeowners association with parking
requirements, noting this would be an added expense when residents already pay homeowner
association fees. He suggested the Community Development Department develop a gradation
checklist to be used during the application process that would assist the project to determine if a
parking management plan is necessary.
Council Member Avery noted the ordinance can be revisited later if needed, supported the checklist
approach, and asked what the City could do to projects that exceeded the construction time limit.
Council Member Duffield relayed an experience in the Bayshores community about a project that
took seven years to complete and suggested changing the construction time limit from five years to
three years.
Council Member Muldoon expressed support for implementing a construction time limit and
suggested, if adopted, implementation not occur until the end of May.
Council Member Herdman expressed support for changing the construction time limit to three
years.
Tim Stoaks expressed concern regarding enforcement of the ordinance since code enforcement
officers do not work on Saturdays.
W. R. Dildine expressed opposition to the ordinance, believed residents need to park in their garages
and not on the streets, and noted commercial vehicles are required to have their business name and
license number viewable on the vehicles.
Richard Burns took issue that contractors are also parking in alleys, not just on streets, and the
City should also be enforcing its regulations on itself. He recommended residents be informed when
large vehicles will be parking in the alley or blocking the street, suggested including the owner's
information on the construction sign, and requested the ordinance also apply to maj or remodels, not
just new construction projects.
Jim Mosher believed it would be difficult to speed-up construction if contractors were not allowed to
work on Saturdays, agreed this should only apply to areas experiencing congestion problems, noted
there will probably be parking management plans created that will not be utilized, and asked what
the consequences are if a project is not completed by the construction time limit.
Mayor Pro Tem O'Neill reiterated his concerns about the ordinance not being needed in various
areas of the City and believed this should come back, noting he cannot support it in its current
format.
Council Member Muldoon expressed support for including the owner's information on the sign and
suggested allowing staff to determine if a parking management plan is needed. He also expressed
concern with imposing this on current projects that already have a set budget as agreed upon by the
owner and contractor, suggested expanding parking enforcement around construction sites before
implementing the ordinance, and if the ordinance is adopted, only have it apply to impacted areas.
Council Member Brenner believed the proposal should be taken back to the community in order to
garner their suggested solutions and expressed support for limiting construction projects to three
years.
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City of Newport Beach
Study Session and Regular Meeting
February 26, 2019
Council Member Herdman noted lot size could also be a way to differentiate projects.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Brenner, to a) bring back
an ordinance at the March 12, 2019 City Council meeting to set a time limit on construction projects;
and b) following public input, bring back the remainder of the proposal for discussion during the
April 23, 2019 study session.
The motion unanimously carried.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:07 p.m.
The agenda and amended agenda were posted on the City's website and on the City Hall
electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic
Center Drive on February 21, 2019, at 4:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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