HomeMy WebLinkAbout09-16-1964 City Council minutes S.&RATOGA CITY CODICIL
S~,fAP, Y OF ~[IL~KITES
TIME: I!lednesday, September 16, 1964 - 7:30 P.
PLACE: Saratoga High School Cafetoriu~, Herrimam Avenue, Saratoga, Calif.
TYPE: Regular l~aetin~
I ORGANIZATIOL~
Msyor Glennon called the meeting to order a~ 7:30 P. F.
A. ROLL C~L
Present: Councilmen Glennon, Drake, llart~n, Tyler, Bur~
Absent: None
B. ~N~S
It ~.~as moved by Co~cilm~ Burry, seconded by Co~cilman Tyler and
un~imously adopted to ~-~aive the readin~ and approve the minutes
of the September 2, 1964 meeting, as written.
II BIDS AND CONTRACTS
A. REPORT OF BIDS RECEIVED ON CrYESTER A~NUE PROJECT
Bids - I4r. Ilanley stated that this item is informational at this sta~e on
Chester on the agenda as action cannot be taken until after =he public hearin~
Avenue on the proposed assessment district. ~r. t!anley fur=her indicated
Project that five bids ~ere received, that the low bidder on the total project
is Petersen Brothers Construction and that the engineers for the
project recommend that the !o~{ bid of .~67,341.10 be awarded if the
assessment district is approved. As there ~-zere no further comments
Mayor Glennon continued this item until after the public hearin~ on
the proposed Chester Avenue Improvement Project.
B. REPORT OF BIDS RECEIVED ON STOR~. DP.~INAGE I~.~?ROVEI~ZNT PROJECTS
Mr. Ilanley reported that five bids had been received on the various
Bids - storm drainage street protection projects and that the Director of
Storm Public Works recommends that the bid be av.~arded to Leonard Construction
Drainage Company for the low bid of $7,525.00. The Clerk explained that there
Street are five basic projects and the council studied the location map and
Improvement the Director of Public Works briefly outlined the work contemplated for
Projects each project, primarily preventive work to correct areas v.~hich have
' created street maintenance problems during stoms. After discussion,
it was moved by Councilman Martman, seconded by Councilman Drake, and
unsnimously approved to award the bid to the low bidder, Leonard
Construction Company.
C. AGREE~E".]T ~ITlt SANITATION DISTRICT Nn. 4 FOR INSTALLATION OF S~.'ITARY
SEWER FACILITIES IN CHESTER AVE!'ILZ IT~.P. OFE~NT P~OJECT
Agreement The Clerk explained that this a~reement is required to turn over title
Sani.e,4 to Sanitation District #4 of all sexier facilities installed in the
re se~er Chester Avenue Improvement assessment district. The se~.xer facilities
facilities would be installed and paid for by the assessment district, ;~r. }{anley
in Chester read that portion of the aFreement ~-~hich provides that the city ~;ould
Avenue be under no obligation to ablde by any of the provisions of the a~rae-
project ment should the assessment district not be apDroved. ~.'ith no ob~ection~
i!ayor Glennon ordered the matter deferred until later durin~ the meeting,
III ORDINANCES, PETITIONS, AND FOR~L RrSOLUTIONS
A. RESOLUTION NO. ~;-4
Res. ~-4 ~
Stop signs It was moved by Councilman Tyler, seconded by Councilman , and
Regan Lane unanimously approved to adopt ~esolution i-to. ~-4, establishin~ a
and Blauer stop intersection at Blauer Drive and ?eFan Lane, as unofficially
Drive approved at the last meeting.
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B. RESOLL~I~] NO. 200
Uith no objection~ ~fayor Glennon deferred this item until a report is
received from Saratogats representatives on the citizens committee
revie~ing Sanitation District He. 4'~ proposed bond proFrom.
IV SUBDIVISIONS A~ID BUILDIDIG SITES
A. TRACT 2694
Mr. Henley read a request from Ruth and Going, Inc., dated August 31,
Tr.2694 1964 requesting simultaneous acceptance of improvements for maintenance
Request and acceptance of construction of improvements in Tract 2694, Arroyo
for de Saratoga, Unit No. 1. Mr. Henley reported that although the staff
Const. recommendation is to require the normal one year maintenance Defied
Accept. follouin~ construction acceDtance, it is the staff's recommendation
& Maint. that the council consider reducing the bond to 10% of the total bond
of Improve. mount et the time Of construction acceptance. After discussion it
was moved by Councilman Drake to accept the improvements for construc-
tion only and authorize reduction of the bond to 10% of the total amount
during the maintenance period. The Director of Public Works indicated
that some deficiencies exist and the City is not yet ready to accept the
improvements. Councilman Dr~e therefore withdr~ his motion and it
was the cOncensus of the council that the applicant be informed that
the City will not approve the request for simultaneous acceptance of
construction and maintenance but ~zill reduce the amount of the bend
at the time of. construction acceptance.
V PUBLIC IHEARINGS - 8:00 P. ~I.
A. CHESTER AVENUE ASSeSSOr}IT DISTP~CT
(1) Mayor Glennon asked the City Administrator to review briefly
the history of the proposed ~ester Avenue Assessment District.
Chester I,~. Henley reported that several alternative desiRns for this
Avenue proposed improvement have been submitted to the City Council and
Assessment reviewed by it as well as the Plannin~ Commission over a period of
District ~se~eral months. He pointed out that the final design of the project
incorporated recommendations of the City Council and the Planning
Commission: (1) That property owners abuttin~ both Sobey P~ad
and Allendale Avenue in the vicinity of the proposed project who
w~re not plannin~ to develop at this time be left out of the
district and (2) that the proposed improvement results in dual
access to Allendale Avenue and Sobey Road in an ali~nment that
would fit the Clty's General Plan for the area. He further
pointed out that the City Council has held two public hearings
not required by law for ~.~hich written notice had been made to
all property owners in the proposed district. It was further
indicated by the City Ac~ministrator that at the conclusion of these
two hearinSs the proposed project ~as re-dra~-m in such a way as to
meet the City's requirements and that it has, in its final form,
the support. of o~mers of some 92 or 93% of the area in the ~ro-
posed district. The enSineers for the proposed project then
prepared plans and specifications, bids were .called for and
opened and this is the time and place for final Public ~learin~
to determine whether to proceed with the form, atlon of the dtstrict~
~r. Philip Assaf of WilSon, !larzfeld, Jones & ~orton, attorneys
for the proposed district, reported that in view of the favorable~
bid it was the intention of the engineers of work to reduce
the assessment for the project by 6 1/4% from $96,000 to $90,000.
At 8:05 P. M. [~ayor Glennone opened the public hearin~ and
advised that the public bearinz would be closed prior to any
official action by the City Council. The ~ayor asked if there
were any protestants to the formation of the proDosed district
a~d tt~a City ~d~n~stretor r~?orted that pc ~rttt:en protests had
been received. ~fr. ~ames Uayue, 12~ Carlton Av~ane, Los Ca~os~
owner of a parcel within the proposed district stated that he
believed that his parcel should be left out of the proposed district
on the Frounds that the property has been in existence and used as
a residence since the early 1Ba0's~ that he has all the necessary
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facilities to serve as a residence, that no' additional facilities
were needed and that there would therefore be no benefit to him
from the proposed facilities, F-,e further pointed out that his parcel
had been tentatively eliminated from the district at one stage of
the proceedlr~s and that he did not feel that it ~yas appropriate
to levy an assessment against it iu the district!s ~Inal
Nr. }~sstin, Engines f r the distrlct~ stated that both the
and G~mper parcels E been excluded from any levy by him at the
direction of the City Council durin~ earlier discussions but tha
upon presentation to the attorneys for the district, the attorneys
had ruled that these tx~o parcels could not arbitrarily be released
from any assessment unless the City Council, at the time of the
Public llearing~ found on the basis of the evidence presented,that
there ~as no benefit to the parcels from the facilttles to be
installed by the District. v.~e therefore had to re-spread the
assessment to include these tx.ro parcels but have reduced the amount
of the assessment from $1366. to an estimated $450. lie pointed
out that this estimate figure ~n~uld actually be $422. as a result
of the reduction due to the favorable bids. T. fr. i~ayne repeated
his contention that his property does not need or benefit from the
proposed improvements and he requested that his parcel be
excluded by the City Council from any levy.
Mayor Glennon called for any further protests and Mr. Donald Ueber
of 14371 Sobey Road, stated that he wished to lodge a protest on
several grounds, It was pointed out that Nr. I.Feber's property was
not included withinn the district but !~r. ~Jeber indicated that he
wished to prote~t the amount of money offered for the purchase
Of the right-of-way ever his property, N~yor Glennon stated that
this was a civil matter between .1Jr. ~;ebe~ and the District and
has no proper piece in this public hearing.
The Mayor called for any further protests and there bein~ none,
it was moved by Councilman Drake,.~seconded by Councilman Hartman,
and unanimously carried to close the public hearing at 8:30 P.
Mayor Glennon announced that the issue before the City Council
was whether or not the property of Ft. IJayne Gould benefit in a leg
legal sense under assessment law as a result of the installation
of the improvements proposed in the Chester Avenue Improvement
Project. Councilman Drake inquired as to what constituted
ban, fit under assessment law. Mr. Asaaf stated that use and
enjoyment of new facilftfess the ghanSlnE of the character of
the facilities from private to public, the appreciation in the
value of any land affected by the proposed facilities and other
similar factors were all elements that a court x.;ould look for in
determinins whether a specific parcel of property bonefired from the
the proposed improvements. Mr. Assaf further pointed out that it
was a question of whether the property ben,fired not a question
of whether any specific o~mer or user of the property ben,fired.
The City Attorney inquired as to whether or not there is any
presumption of benefit from the engineer's report. r~r. Assaf,
replied that there was no presumt~tion. lie stated that it is
a matter for decision by the City Councll based upon the
evidence presented at the Public Hearing. Councilman Burry
inquired as to the nature of the benefit to the I,layne parcel.
i~[r. ~Iastin stated that the benefit to this parcel consisted of
(1) an improved road for a portion of the distance from the
parcel out to Sobey P~ads (2) tile advantage of gaining double
access to the property as a result of continuing the street throvZh
from Sobey Road to All,addle Avenue and, (3) the possible long
range appreciation in the value of the property as a result of
these improvements. Councilman Drake indicated that ~hile he
regarded the direct benefit to the Uayae and Gadper parcels as
minimal it i.?as his opinion that the appreciation of value in the
area would be of significant long term benefit to all the
property in the district. Councilman Tyler stated his feeling
that there was relatively insignificant benefit to the Uayne and
Gamp'er parcels and that the assess---.ent on these two parcels
should therefore be eliminated. .~:ayor Glennon stated that if
he were Nr. 1.7ayne he would probably feel the same ,r.~ay but that
. he could not ao~ree that }~r. Uayne's property would not benefit in
... view of the improved access to Sobey Road and the improved-:nircula-
tion to Allandale Avenue which would be derived from the district
at a cost of only $~22.
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(2) RESOLL~!OM NO. 201
P. es. 201
Overruling Councilman Drake moved that Resolution 201 be adogted, overrdllnR
Protests protests a~ainst the Resolution of intention to form,, an assessment
district for the improvement of Chester Avenue. The motion was
seconded by Councilman ~lartman an~. addpied by the follo~-xin~ vote:
AYES: Counci 1men Clennon, Drake, :Iartman UOES: Councilmen
Burry, Tyler ABSENT: None
(3) RESOLUTIOL~ .~O. 202
Res. 202
Resolution No. 202, bein~ resolution of intention to make
changes and modifications in Chester was withdrawn from the
,
agenda as not necessary.
(4) vJ~SOLUTIOI~] NO. 203
Res. 203
reduction It was moved by Councilman ]tartman, seconded by Councilman P, rake,
of assess- and unanimously carried to adopt Resolution No. 203, orderin=- re-
meats duction of assessments for Chester Avenue Improvements,
(5) PZSOLIfrION NO. 204
Res. 204
adopting It was moved by Councilman Tyler, seconded by Councilman Hartman
Engineering and unanimously carried to adopt P. esolution _.'~o, 204, bein~ a
report- ordering resolution and order adoptin~ en?ineering report confirm. in~
~ork and assessments and orderin~ work and acquisition on Chester Avenue
acquisition I.mprovement Project.
(6) RESOLUTIOI~ NO. 205
P, es. 205
Awardtn~ It was moved by Councilman Ilartman, seconded by Councilman
Contract Drake to &4ard the contract for Che~ter Avenue Irmrovements
to Petersen Brothers for a total bid of $67,471.10. The City
Attorney asked if action could be withheld on this resolution
until after the recess. T,?ith no objection, the ?.',ayor ordered
the matter deferred as requested.
(7) P~ESOLIffIO.~ NO. 206
Res. 206
designerlug It was moved by Councilman Burr~}, seconded by Councilman }lartman,
collection~ and unanimously approved to adopt ?esolution ~.o. 206, desi?natin~
officer collection officer for Chester Avenue Improvements.
(8) RESOLLTrIOM ~iO. 207
Res. 207
Authorizin~ It was moved by Councilman ttartman, seconded by Councilman Tyler,
Contract - and unanimously approved to adopt ~esolutlon IIo. 207, authorizin~
Sani.Dist.4 the ~.ayor to execute the contract with Sanitation District #4
to install (as outlined in Item II-C), for the installation of sanitary
~,,~]~. sewer facil~t~.e~ in the e~er Avenue improvement 9ro~ee~.
VI OLD BUS!-~rESS
A, C'70 - C. ~. }~AGGIOPZ
C-70
Ma~iore Counc~.lman Drake read a report from the ~ana=-ement CommaIttee dated
Rezoning 9/16/64, in which the Committee recommends that the City retain
~;ithdrawal $100. of the filing fee for the rezoning application No, C-70 to
& refund cover the expenses already incurred by the city and refund $50. to
of fees the applicant. The Committee also recomnended tha~ ~Tr. Tla~iore
be allo~.yed to withdra~.x his application. Councilman Drake further
reported that, as a matter of general policy, the Committee tee-
commends that application fees for rezoning or other planning pro-
cedures be not refunded unless revie~.x by the City Council indicates
that unusual circumstances existed which Justify a return of a
portion of the fees in the interest of equity to the applicant but
in no event should all the fee be refunded ~.rtthout deducting the
Policy re amount of all costs incurred by the City in processin~ the applica-
Fee refunds tion or request.
It was moved by Councilman Tyler, seconded by Councilman tlartman, and
unanimously carried to adopt the report of the _~ana~ement Cor~nittee
and that the Co;.'~nittee~s recommendation re~ardin~ refund of filth.-..
fees be adopted as the official Policy Of the C~.~V Council.
ned 9:15 P. ~.
V PUBLIC !IEARI!~YGS - CItESTEP. AVENUE ASSESSIZHT DISTRICT - continued
(6) Resolution ~lo. 205 - Awarding contract for Chester Avenue Improvements
Res. 205
A~;ardinS At the request of the bonding attorney, Councilman i!artman ~tthdrew
Contract- his motion and Councilman Drake withdre~.x his second to adopt Resolu-
Chester tion No. 205, and the ~ayor, with council approval, ordered the
Avenue matter placed on the agenda of the next re3ular meeting.
VII ~I]IST~TI~ ~TTE~
A · ~YOR
No reports
B. FIN~:CE
Bills (1) It was moved by Co~cilman Drake, seconded by Councilman I1artm~
~d unanimously adopted to approve the disbursements on the list
dated September 16, 1964, for a total ~ount of $6,626.07 and
authorize that warrants be dra,~m in Daymerit.
Finance (2) The council received copies of the City Cierk's financial report
Reports- for the month of July, t~64, and the Treasurer's report for
Audit August, 1964, ~d the Audit report for the fiscal year 1963-64.
COt,2~TTEE PZPORTS
(1) C-55 ' CAkL DOZiER
The Council discussed a recommendation from the Plannin~ Commission
C-55 that the Council grant Mr. Carl Dozier's request for an extension
D ozier of time in connection with the conditional zoninR on the for~er
Extension- Saratoga Inn property. Plannin~ Commissioner Crisp, in reply
Saratoga Inn to Councilman Drake's questionins the reasonableness of the
Zoning request for a second extension, advised that the applicant had
requested an extension solely for the purpose of obtaininF
financing for the project and that the Planning Commission hgd
recommended ar~ extension on the basis of evidence submitted by
the applicant of their intent to m~e a construction and long-
term take-out loan to finance the project. Commissioner Crisp
further indicated that the applicant is earnest about going
ahead with the project and that he did not feel that an extension
would in any jeopardize the city's position.
It was moved by Councilman DrY:e, seconded by Councilman Ilartman
and unanimously adopted to approve the recommen6ation of the
Planning Commission and gr~nt an extension of one year from the
present date of expiration in connection with the conditional
rezoning C-55.
Lot 181 (2) After discussion of a recommendation from the PlanninZ Commission
Tr. 1489 that the council grant the request from ~r. Clevenger of Van Vleck
access to Realty for a right-of-way access to Cox Avenue from the rear of
Cox Ave. Lot 181, Tract 1489, it was moved by Councilman Drake, seconded
by Councilman Hartman, and unanimously carried to approve the
request, subject to the condition that use of the access be
limited strictly as an access for the purpose of housfn~ a
caper pick-up and that the riSht of access will be revoked if
it is used for any other purpose.
SD-430 (3) Mr. Hanley reported that the Planning Commission, in compliance
Hiatt with the Counctl's request, gave consideration to ~r. }!iatt's
Modification request for modification of conditions established in connection
of Cond. re with his subdivision on Saratoga-Los Gatos Road and after review
curbs & of the matter, recommends that T~r. ltiatt's request be ~ranted and
gutters rolled curbs be approved as sho~,m in Standard [~o. 17 of Ordinance
No. MS-5.
Mayor Glennon indicated that when the ordinance was written it
was recognized ~hat rolled curbs and ~utters would be justified
in some areas but it was 'felt that it would be best to have
stringent requirements and thou, in t~,c~e ~a?es ~-ere the grade
is such ~hat it would be feasible, relax the stanoards and allow
berm type curbs and gutters.
· '.~:~ After discussion, it wad moved by Ccuncilraafi lyier, seconded
by Councilman t~artman. and unanimously approved to advise
~Ir. Hiatt that the Council will approve rolled curbs and
gutters instead of the standard requirement for concrete at such
time as the final map is presented to the council for approval.
D. DEPARTr,~ lIEADS A~ID OFFICERS
~... (1) REPORT PZ STATUS OF CA~O!I VIZU DRI~I E~D SI~LIVA!!
Report re The City Attorney read his report of September 15, 1964 regardfn~
Canyon View the legal history and status of the streets in Uildwood Heights
Drive and subdivision, Tract Me. 131g, and the City A~ministrator read the
Sullivan ~ay Director of Public Work's report of September 16, 1964 re~ardin~
Tr. 1318 the same matter. The City Attorney indicated in summ, in~ up that
he regarded the situation as one in which it would be extremely
difficult for the City to get compliance with it's demands in vie~
of several unfavorable legal factors. Councilman Burry inquired
as to whether or not the council wou]] be liable if it exnended
money for the repair and maintenance of streets that the city had
not yet accepted as public streets. The City ~ttorney stated
that the City Council would not be liable whether it acted to
authorize maintenance or chose not to provide the maintenance
of such streets. ~Ie reported that the City has the ri?ht
but not the duty to maintain nrfvate streets and that maintenance
of s~ch streets would not constitute acceptance. ~.~r. Lorril
Palm stated that he felt that the streets had originally been
installed in good condition. that he had n~.,er been able to
satisfy the City ~.~fth regard to i~s maintena~ce requirements
and that he believes that He does not have any further legal
responsibility. In response to questions from. Councilman
ilartman, rlr. Palm agreed that leaks in the ~a~&r system in the
Saratoga i!eights }~tual [~ater Company system ~ontributed to some
of the street maintenance problems. He further indicated that
this has been primarily due to e severe problem with electrolysis
in the soil in this area. ~rr. A. L~ Fl~tche~ and ~r. Charles
TaZ~art urged the City CoUncil ~o a~ceDt responsibility for the
fOpair a~d maintenancer~f~these stre.ets as the only practical
answer. Uithout objection~ the ~.Tayor referred this matter to
the Public Uorks committee for study and recommendation at tha
next meetin~ of the Council and asked that }It. Palm, and
I,[r. Lewis Saylot, who volunteered to represent the residents
of the area, be notified of the time and place of the Con~mittee's
meeting.
(2) It ~7~z ~v~ by Councilman ~{artman, seconde~ by Councilman
Prospect Rd. tyler, and unanimously adopted to ~ccept the wor!~ done by
acceptance Pelli~rini Paving Company on Prospect Avenue in connection with
of work by the Itanson school site and begin the 35 day waitin~ period for
Pelligrtni 10% retention of the final contract cost.
~. CITY ADI~NISTRATOR
(I) ~. lIantey reported that, follo~.~ing up on a suggestion of some
Planting- time..~go, S~m Hernandez, on behalf of the service clubs in
Sara-L.G. Saratoga. has developed a program for Dlantin~ the divider
Road by strip on Saratoga-Los Gates Reed and that Sunday, October 18
Saratoga is the date planned for planting{. I~e further noted that the
Service City has submitted a request for an encroachment permit from
Clubs the State and that Councilman =~rtman' is contrlbutln~ two
varieties of Eucalyptus trees for planting. ~ayor Glennon
inquired as to who would be responsible for maintenance and
Councilman Tyler indicated that the service clubs would main-
tain the trees for e period of two y~ers or until they had
reached a point ~here they were self sufficient. Councilman
llartman praised the efforts of the Council of Civic Clubs on
this project as a fine exmmple of the kind of efvlc betterment
that he hoped ~ould lea~ to further local projects of a similar
kind.
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~.lr. Roy Jameson. Paseo Pueblo. advised thnt he had spoken to [~r.
Hernandez about this nh~tter today end had been told that the City
of Monte Sereno will cooperate in this program.
Council (2) Mr. Hanley stated that the Los Catos Sym2hony Association is eager to
Chambers participate in ~hatever type of dedication pro.-.ram the Council decides
Dedication upon for the new council chambers and. at his suggestion. ?{eyor Clennon.
with council approval. referred the matter to the t-~anagement Committee.
(3) The City Administrator reported th-~t the City has had s series of
Business problems '.Jhereby businesses are opened ~.There the zoning is appropriate
Control but the structure is not up to code for the type of business and
that from this standpoint. and not one of revenue. he suggests that
some consideration be given to some t}~e of l~censing or reZulating
such uses. .}layor Glennon indicated that although he has obaected
to business licensing for years he has reached the conclusion that
sorn~ measure of control is essential and. with ce, uncil ap.Drovel. he
referred the matter to the Policy Committee for study and recoT~endation.
VIII CO~.R~_~ICATIONS
A. ;.~RITTEi.:
U.Valley (1) Council received and directed to file a copy of e letter to the
J.C. copy Uest Valley Junior Coll&ge District from .~iiss Louise Overacker
of letter- in ~tch she endorses the selection of a junior college sits in
Ovaracket Saratoga.
Traffic (2) Copies of the monthly Traffic accident sumdry from the Sheriff's
Summary Department were distributed for council information.
W. Valley (3) Received and directed to file were copies of a letter from the
J.C. Copy Good Government Group to the Uest Valley Junior College District
of letter - endorsing the Saratoga Planning Co_.~tssion report relative to a
G.G.G. site in Saratoga.
Flag (4) .'-]oted for information and file was a letter from the ~epublic~n
E t!quette Central Committee of Santa Clara Co'lnty regarding fla~ etiquette
and transmitting a copy of the FlaZ Code of the United States.
~ontalvo (5) ~ayor Glennon, with council approval, requested the staff to send
entrance to .~lar~aret Denney a copy of the letter which he has previously
transmitted to several persons ~.~ho have requested improvement
to the entrance to Ifontalvo.
League of (6) Announcement ~-?as received that the Peninsula Division of the
Calif. Cities League of California Cities ~.7ill meet '~ednes~ay, September 30
meeting in Burlin~ame.
B, OFfaL
Mayor Glennon ackno~'ledF~ed, ~ith pleasure, the presence of Ptannin~
Commission represent.drive Crisp and the members of the Good Governnmnt
Group.
ADJOURr,~,~,~.NT
It was moved by Councilman Burry. seconded by Councilman Tyler. and
unanimously adopted to adjourn the meeting at 11:15 P. M.
Respectfully submitted.
"UILLI~2~ C. !{Ai."LEY. CITY CLE
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