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1.   Call to Order

     Chairman Flynn called the meeting to order at 4:21 p.m.

2.   Roll Call


  • Shirley Breyer Black
  • Mike Casey
  • Wil Din
  • H. Welton Flynn
  • Michael Kasolas
  • Cleopatra Vaughns

     Absent:   James McCray, Jr.

3.   Announcement of prohibition of sound producing devices during the meeting.

Chairman Flynn announced that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at the meeting.   He advised that any person responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices may be removed from the meeting.

4.   Approval of Minutes

On motion to approve the minutes of the October 21, 2003 Regular Meeting and November 7, 2003 Special Meeting: unanimously approved (McCray-absent).

5.   Communications

     (5.1) Announcement of Closed Session.

The board met in closed session on November 7, 2003 for a conference with their labor negotiator, H. Welton Flynn to discuss the contract for the Director of Transportation.

     (5.2) Motion to disclose or not disclose the information discussed in closed session

On motion to not disclose the information discussed: unanimously approved (McCray-absent).

The Board Secretary announced Item 13, approving an amendment to CS-132 and Item 16, the Kirkland Land Use Study were continued to the December 2 meeting at the request of staff.   The merchant evening validation program, Item 12, was also continued to the December 2 meeting.

6.   Introduction of New or Old Business by Board Members

Director Vaughns asked for a report at the next meeting about station agent staffing.

7. Director's Report (For discussion only)

    -Special Recognition Award

    -Ongoing Activities

Director Burns is pleased to recognize Brian McCarthy as the recipient of the November Special Recognition Award.   Brian has been with Muni since 2000 as an assistant in the Communications department where he works on the development and deployment of service quality teams for special events, major service detours and delays.   He has been at every Giants game since PacBell Park opened.   Brian McCarthy thanked staff for the team effort.   Chairman Flynn expressed his appreciation on behalf of the Board.  

On a sad note, DeShawn Dawson was killed while riding the bus to his job as a tutor.   This is a tragedy for city.   Muni is working with the investigation and the school district to help deal with issue.   The MTA employees felt deeply about this incident and have taken up a collection for the family.

The Paratransit Coordinating Council held their annual meeting where they elected new officers and recognized taxi drivers.   They also presented a special award to Enid Lim who is doing very well.   Director Din was in attendance.   The PCC is the MTA's partner in the delivery of Paratransit services.

Rescue Muni recently released their new survey.   This year the results were favorable overall and showed continued improvement in many areas.     From 1998 to 2003, the overall percentage of riders who experienced delays dropped from almost 30% to just fewer than 14%.   

San Francisco voters approved Prop K, the extension of the ½-cent sales tax.   This is great news for the MTA as it will allow us to be more competitive when seeking state and federal money.   Muni and DPT staff worked closely to help develop the expenditure plan.  

Construction on the Third Street Light Rail Project continues.   The Community Outreach Team is continuing to work with neighborhood businesses to keep them open during construction.   Construction will continue during the holiday season.

Congratulations to Bridget Smith, DPT's Livable Streets Program Manager, and Paco Paculba, Superintendent of Schedules for receiving the Municipal Fiscal Advisory Council award for Public Managerial Excellence.

8. Citizen's Advisory Council Report

Chairman Daniel Murphy discussed two recent recommendations.   The CAC suggests dividing the Residential Parking Permit and the Citation divisions and recommends the increase in the parking sidewalk fine to its legal maximum in January.   The CAC would like the opportunity to appoint a CAC member to any in-house task forces dealing with issues that affect the public.   They also recommend approval of the various Muni-BART agreements that will be coming before the MTA but they urge renegotiation of the use of senior, youth and disabled passes on BART.   Lastly they suggest a no parking policy at Coit Tower, which would be good for the 39-Coit.

9.   Public Comment

Bruce Oka asked to have safety islands equipped with dividers installed on Geary, similar to the ones already on Van Ness.    (Chairman Flynn asked DPT to follow up.)

Barry Taranto thinks that more enforcement is needed at the Omni Hotel as limos are parking there.   He called the situation at 1380 Howard unbearable as he had to wait over an hour in the express line to pay a ticket.   He wants staff to continue discussing the requirement for ramped taxis to pick up a certain number of people in order to qualify for a medallion.   The sign shop is having trouble getting signs installed.

Barry Pearl has ridden the 28-Ballpark Express for years but has never experienced such outrageous delays after the game.   He recommends loading more than one bus at a time and that priority be given to Muni over charter buses.   He noted that the transit supervisors at Candlestick are combative.  

Andrew Sullivan, Rescue Muni, alerted the MTA about a proposal to consolidate stops on the N- Judah line on Carl St.   He supports the plan as the stops are redundant and hurt reliability.   He suggested doing away with parking at Coit Tower as it's good "Transit First policy".   The passage of Prop K is a mandate for a transit-first city.



10.   All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Municipal Transportation Agency Board, and will be acted upon by a single vote of the Board.   There will be no separate discussion of these items unless a member of the Board or the public so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item.

(10.1) Requesting the Controller to allot funds and to draw warrants against such funds as are or will be available in payment of the following claims against the MTA:

  1. Stanford University/Federal Express, Superior Ct. #415768, filed on 12/16/02, for dismissal
  2. Renaissance Parents, Superior Ct. #CGC02415559, filed on 12/10/01 for $0
  3. Susie Johnson, Superior Ct. #404080, filed on 3/28/02 for $1,500
  4. Farmers Insurance, Superior Ct. #409197, filed on 6/17/02 for $1,925.21
  5. Margaret Han, Superior Ct. #CGC02410454, filed on 7/18/02 for $2,000
  6. Steve Pantelick, Unlitigated Claim #0400882, filed on 9/24/03 for $6,375.54
  7. Sang Lee, Superior Ct. #417106, filed on 2/24/03 for $7,500
  8. Leonids Makrusins, Unlitigated Claim #0400609, filed on 8/27/03 for $7,500
  9. Jamila Collins, Superior Ct. #415915, filed on 12/19/02 for $9,250
  10. Lisa Hanna, DFEH/EEOC #370A300075, for $11,000 (settled prior to filing)
  11. Chester Forsythe, Superior Ct. #314394, filed on 8/16/00 for $12,500
  12. Scott Garber, Superior Ct. #416678, filed on 1/24/03, for $12,500
  13. Christopher Rocco, Superior Ct. #415330, filed on 12/4/02 for $75,000


  (10.2) Approving the following traffic modifications:

  1. PERPENDICULAR (90-DEGREE ANGLE) PARKING   - ESTABLISH Gaven Street, north side, from west curb line of Bowdoin Street to the western edge of the driveway at 394 Gaven Street.
  2. STREET CLOSURE, 10:00 AM to 3:00 PM, MONDAY THROUGH FRIDAY - ESTABLISH Leidesdorff Alley, between Halleck and Sacramento Streets.
  3. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Market Street, east side, from Corbett Avenue and Portola Drive crosswalk to 550 feet northerly; and Portola Drive, east side, from Corbett Avenue and Market Street crosswalk to 385 feet southerly.
  4. TOW-AWAY, NO PARKING ANYTIME - ESTABLISH Rivera Street, on the eastern terminus from the southeast corner to a point 24 feet northerly; and Rivera Street, south side, from the terminus to a point 10 feet westerly.
  5. PERPENDICULAR (90-DEGREE ANGLE) PARKING - ESTABLISH Lyon Street, east side, between Golden Gate Avenue and Turk Street; Cole Street, west side, from Carmel Street to 195 feet southerly; and Greenwich Street, east of Hyde Street, from 13 feet to 39 feet south of the north curb line, along the terminus wall.
  6. TOW-AWAY, NO STOPPING ANYTIME - ESTABLISH Washington Street, south side, from Leavenworth Street to 10 feet westerly (replaces 7-foot red zone).
  7. G. RESIDENTIAL PERMIT PARKING AREA "Z" (2-HOUR TIME LIMIT, 8 AM - 6 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Church Street, both sides, between 27th and Duncan Streets.
  8. UNMETERED MOTORCYCLE PARKING - ESTABLISH Greenwich Street, east of Hyde Street, from 35.5 feet to 39 feet south of the north curb line, along the terminus wall.
  9. TOW-AWAY, NO STOPPING ANYTIME - RESCIND RESIDENTIAL PERMIT PARKING AREA "A" AND "C" (2-HOUR TIME LIMIT, 8 AM - 7 PM, MONDAY THROUGH FRIDAY) - ESTABLISH Broadway, north side, from 13 to 240 feet east of Hyde Street. (Explanatory documents include a staff report, and resolution.) (DPT)


(10.3) Authorizing the Director to apply for a funding extension allocated to the SFgo Integrated Traffic Management System Program Initial Construction Phase, to May 1, 2005 for up to $5,882,204 in federal funds from the Federal Highway Administration. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


(10.4) Authorizing the Director to apply for a funding extension in Federal Highway Administration and Caltrans funds totaling $218,669 and $7,571 respectively, for the Regional Traffic Signalization/ Operations Program Upper Market Street Signal Timing Project from to May 1, 2005. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


(10.5) Authorizing the Director to apply for a funding extension in Federal Highway Administration and Caltrans funds totaling $144,303 and $18,761 to May 1, 2005 for the Regional Traffic Signalization/Operations Program III Alemany Boulevard Signal Systems Improvement Project. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


(10.6) Approving all plans and specifications for Department of Public Works Contract No. 0761J-Contract 56 New Traffic Signals, at Duncan & Guerrero Streets; 21 st & Guerrero Streets; and Clarendon Avenue & Laguna Honda Boulevard, and authorizing the Director to issue a bid call for this contract. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


(10.7) Approving a Permit for the San Francisco Ballet for use of 340 Grove Street as storage space from November 24 to December 31 for $2,000.   (Explanatory documents include a staff report, resolution and agreement.) (DPT)


(10.8) Authorizing the Director to execute an agreement with Legacy MetroLab to provide laboratory services for a contract amount not to exceed $200,000 for a term up to three years. (Explanatory documents include a staff report, resolution and agreement.) (MUNI)


(10.9) Approving the holiday shopping carpool validation program that offers one hour of free parking to vehicles with three occupants and two hours of free parking to vehicles with four or more occupants at the Ellis-O'Farrell, Fifth and Mission, Sutter-Stockton and the Union Square Garages from November 21, 2003 through January 4, 2004. (Explanatory documents include a staff report, resolution and financial plan.) (DPT)


No public comment.

On motion to approve the Consent Calendar:

ADOPTED:   AYES - Black, Casey, Din, Flynn, Kasolas, and Vaughns

          ABSENT - McCray




11. Authorizing the Director to enter into negotiations for a new contract for towing, storage and disposal services for abandoned and illegally parked vehicles with Auto Return, the top ranked proposer, and to enter into with negotiations with San Francisco Towing, the next highest ranked proposer should negotiations fail.   (Explanatory documents include a staff report, and resolution.)

Steve Bell, Contract Administrator, reviewed the selection committee and the process they used to select the top ranked company.   City Tow has already said they would assist staff to insure a smooth transition.   Staff will return to the MTA board with a contract for approval.


Mark Gleason, Teamsters Local 665 noted that employees are still encountering a hostile environment at the tow yard. He introduced two employees who were fired last month.   He would like the board to give consideration to SF Towing.  

Stuart Sunshine, representing San Francisco Towing, is disappointed in the results and thinks the staff report provided little documentation to answer his questions.   He would like to know who makes up Auto Return   and what towing experience they have.

Chairman Flynn asked if any provisions in the RFP were violated and if each team interviewed was thoroughly investigated.   Mr. Bell affirmed that the selection committee followed the process in the RFP and staff conducted extensive reference checks on each firm.

Director Vaughns asked Mr. Bell to address the quality of service issues that Mr. Sunshine raised.   Mr. Bell noted that AAA had no problem with Wren's service and they have performed non-conformance tows as a subcontractor with City Tow.  

Director Casey asked about the points made by the Teamsters regarding card-check neutrality, and the right to organize and if those were points included in the selection committees' deliberations.    Mr. Bell noted that the requirement to retain prevailing wage was taken into account but the other items weren't approved by the MTA as selection criteria.  

Director Casey is concerned about the lack of information provided to the board and asked for greater detail.   Chairman Flynn concurred, adding that delays in awarding this contract will result in an extension of the current contractor's contract.   Mr. Bell stated that, depending upon negotiations, the process could take two to four more months.   Mr. Bell will provide additional information about the selection process and will address the questions raised by the Teamsters.   Chairman Flynn asked staff to provide the score sheets adding that the names of the individuals should be removed.

Gerry Norman, Deputy Director, DPT, stated that information can be provided related to scoring and the background checks but the proposals themselves are not discloseable until the contract is completed and approved.  

This item was continued to the December 2 meeting.

12.   Approving rate changes at the Portsmouth Square and the St. Mary's Square garages to implement a merchant evening validation program between 5:00 p.m. and 2:00 a.m.

This item was continued to the December 2, 2003 meeting.


13. Authorizing the Director to execute Amendment No.1 to CS-132, Quality Assurance and Construction Management Services, to change the legal name of the consultant from Sverdrup Civil, Inc., to Jacob Civil, Inc., and implementing an Apprenticeship Program for the Third Street Light Rail Transit Project for an amount not to exceed $1,756,000 for a total contract amount not to exceed $17,756,000, pending approval by the Board of Supervisors and the Transportation Authority. (Explanatory documents include a staff report, resolution and amendment.)

This item was continued to the December 2 meeting.

14. Approving Amendment No. 3 to the Appointment and Compensation Agreement between the City and Michael T. Burns to set the salary of the Director of Transportation at $280,000 and e xtend the term of the contract by five years to March 1, 2010.   (Explanatory documents include a staff report, resolution and agreement.)


Bruce Oka supports Director Burns and the proposed salary.   The job that Mr. Burns has done with the Agency is close to miraculous.   Muni is the best transit system in the country in terms of usability.   There are other transit directors making much more money than Burns is and Mr. Oka would hate to see him go.

Piedad Morales, representing the Station Agents, believes that now is the wrong time to give him a raise.    If you're going to give him raise, then hire more people.   The subway is empty of station agents and panhandlers are forcing themselves on patrons.   Now is not the right time.

Larry Martin, TWU, stated that while Mr. Burns deserves a raise, the question is one of fairness. Everyone was asked to give back.   You can't be fair to the people below by giving more to the people at the top.   Don't do this at a time when workers are giving back and when the riders' fare was raised.   The contract shouldn't be extended by 7.5 years when TWU can't extend their contract past three or four years.   Don't treat people differently.

Bill Sisk is not here to debate salary, but to debate time.   The board is sending the wrong message as it's not fair to the workers.   It's not personal, it's just a matter of timing.   This should be put off until sometime next year when there's new revenue.  

Glenda Lavigne, TWU 200, is opposed to the salary and extension.   Part of her opposition is due to the manner in which the board plans to pay him, with salary attrition.   Extending the contract so long is wrong because it's longer than any mayor's contract as well as any contract that the unions can negotiate.   Local 200 strongly opposes talking about his contract at this time.  

Jim Chappell, SPUR, was one of the authors of Prop E.   At the time that Prop. E was written, Muni was in deep trouble.   The language that was chosen was deliberate and was designed to take politics out of this decision.   The authors left in the language that kept Muni operators as one of the top paid in the nation.   After years of political hacks with no experience, the authors wanted a transit professional to run the system.   It's time for the MTA board to recognize what Michael Burns has done for this city.  

Rick Laubscher has been involved in transit in San Francisco for decades.   He has known at least a ½ dozen of the former heads of Muni.   None are of the caliber of Mr. Burns who is one of the greatest transit professionals in the country today.   It would be difficult to replace him and service would suffer.   Burns has set the highest professional standards and has reached out to all staff.   The proposal should be approved.  

Feysan Lodde has ridden Muni all her life and thinks that Michael has done a fabulous job.   To take him out of the race in the middle of all of Muni's current projects would be disastrous.   She understands that times are hard but personally, he's worth every dime.    She asked the board to keep him and to pay him what he's worth.

Ellen Murray, an operator for 18 years, noted that the Muni budget has doubled under his stewardship.   There have been many failures such as the opportunity to increase the Transit Impact Development Fee, and removing the operator from the second car of a two-car train.   The homeland security classes are a joke and N-car service is supposed to   be two cars when there is only one. There are no station agents, no lighting at the terminals, and no proper security in the tunnels.  

Ron Austin, TWU, noted that the Cable Car Division feels slighted by Mr. Burns.   This is not the time for a raise when members are giving back and there is a budget deficit at the city and state levels.   It's not his place to say whether Burns deserves the money or not but how can we be responsible to put forth this raise when there's so many more things we can work on.   This matter should be delayed until we can figure out what's going on.   People aren't able to move up the ladder and they have to answer to a dictator.   This is a moral and morale issue.  

Andrew Sullivan, Chairman, Rescue Muni and co-author of Prop E, noted that Prop E specified that the director should have a competitive salary package.   We wanted a professional manager.   The previous director worked hard but wasn't a transit professional. Muni has have made significant improvement in service quality and reliability since 1999.   Rescue Muni feels strongly that Burns should be retained and be paid competitively.   They also recommend that a large portion of the increase be tied to meeting the service standards.   

Elizabeth Valdellon, President of the Station Agent chapter, is opposed to the salary increase.   In the subway, they are 20% understaffed and have been requesting staff for the past 18 months.   Of the two exits, a station agent mans one while the homeless, who bother riders, man the other.   This is a security and revenue issue.

Peter Der noted that Mr. Burns has mismanaged Muni badly.   SPUR has overlooked the mismanagement and has been blinded by the budget increases.   Burns' racist treatment of Lou Johnson forced Lou into retirement.   Mr. Burns also deleted Jack Blanchfield's position but Mr. Blanchfield got victory.   Both Lou and Jack are qualified to run Muni.   Mr. Der is not just a disgruntled laid-off statistician as he filed these protests long before his position was deleted.

Michael Wilmar is in support of the extension of his contract and the salary increase.   This is the single most important decision you will make.   He had the privilege of drafting the initial Prop E and noted that throughout the negotiations over the final language, one principle remained the same throughout and that was a commitment to public transportation and to the concept that Muni run safely and efficiently.    The single most critical element was the importance of attracting a capable and stable manager.   The public feels differently about Muni today.  

Yvette Stevens, Dispatcher at Presidio, said that while we're supposed to be at team, employees have taken a 7.5 % hit and she has had to work by herself so staff can attend the Homeland Security training.   This raise should be a whole package.   End the 7.5% give back and furlough days and fill the vacancies.   If he gets a raise, then everyone should get what he or she are supposed to get.  

P.J. Williams, Potrero Operator, suggested that it's not fair for Rescue Muni or other organizations to dictate what's going on at Muni.   Service continues to suffer in areas such as the BayView, Sunnydale, or Double Rock.   Morale is low. If Burns gets a raise, then give workers a raise.

John Dudley, Secretary-Treasures, 250-A, noted that this system cannot function without operators. While Burns may deserve it, it's the wrong time to make that move.   TWU members are very upset.   There are a lot of issues that the board needs to look at before doing this.   Defer it to another time.  

Rafael Cabrera, noted that TWU is not opposed to giving raises.   On July 1, 2004, we need to look at where we are, look at the members who gave up 7.5%.   This matter should be delayed to July 1, 2004 when we have to be at 85% on-time performance.  

Fay Paranou has dedicated 23 years to Muni.   Maybe Mr. Burns deserves the raise but he needs to set an example and sacrifice too.   Emilio Cruz understood what we were going through.   If he's dedicated, he can do the job, he can make this one sacrifice and have this delayed.

Barry Taranto has been observing the speakers. There are valid points on both sides. The city needs a top-notch executive who is fairly compensated.   On the other side, both passengers and employees took a hit.   There has to be some other solution or compromise.   Mr. Burns has done a good job yet he needs to look at the message.   It's suspicious that it's happening now.

Director Vaughns stated that Mr. Burns' professionalism has been demonstrated three-fold by having to listen to this rebuke.    She thinks that it's almost saintly as she doesn't think she could take such verbal abuse.    

Director Casey suggested two amendments to the resolution. The first one would reduce the term from March 1, 2010 to March 1, 2008.   The second amendment would put his base salary at $280,000 per year effective upon the restoration of the reductions negotiated with the agencies bargaining units and upon restoration of staffing in currently vacant station agent positions.  

Chairman Flynn ruled the second amendment out of order as the language is undefined and lacks a specific date.   Amendments that go beyond what was noticed in the agenda couldn't be acted upon in the meeting.   Director Casey appealed the ruling of the Chairman to the Board.  

On motion to sustain the ruling of the Chairman:   the motion was approved with Directors Black and Casey opposed.


On motion to approve the item:

ADOPTED:   AYES - Din, Flynn, Kasolas, and Vaughns

          NAYES - Black, and Casey

          ABSENT - McCray

15. Authorizing the Director to execute the PCC Cars p urchase a greement with New Jersey Transit Corporation for the acquisition of 15 PCC streetcars at a cost not to exceed $225,000.      (Explanatory documents include a staff report, resolution and agreement.)


Rick Laubscher, Market St. Railway, stated that there are precious few PCC cars left in America. Muni is short of the equipment needed to expand F-line service and needs to take advantage of this offer, as there won't be another opportunity of this kind.   The cars are extremely well maintained and are an incredible bargain.  

Director Burns stated that the total cost, including transportation and renovation would be approximately $3-4 million for 15 cars.


On motion to approve:

ADOPTED:   AYES - Black, Casey, Din, Flynn, Kasolas, and Vaughns

          ABSENT - McCray

16. Authorizing the Director to accept the findings of the Land Use Study - Kirkland Yard Property and to proceed with the preparation of an RFQ/RFP for a condominium housing project; authorizing the Director to form a Kirkland Site Development Advisory Committee to support Muni in this project; authorizing the Director to seek the financial assistance from the San Francisco Municipal Railway Improvement Corporation to help produce an RFQ/RFP for the development process.   (Explanatory documents include a staff report, resolution and study.)

This item was continued to the December 2, 2003 meeting.



1.   Call to Order

Chairman Flynn called the closed session to order at 6:56 p.m.

2.   Roll Call


  • Shirley Breyer Black                    
  • Wil Din
  • H. Welton Flynn
  • Michael Kasolas
  • Cleopatra Vaughns


  • Mike Casey
  • James McCray, Jr.

   Also present:

  • Michael T. Burns, Director of Transportation
  • Roberta Boomer, Board Secretary
  • Julia Friedlander, Deputy City Attorney
  • Fred Stephens, General Manager, Municipal Railway

3.   Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege.

On motion to invoke the attorney-client privilege: unanimously approved (Casey, McCray-absent).

4.   Pursuant to Government Code Section 54956.9 and the Administrative Code Section 67.8 (3), the Municipal Transportation Agency Board will meet in Closed Session to discuss and take action on attorney-client matters in the following case:


Existing Litigation:   

(4.1) Jerri Novak, Superior Ct. #403333, filed on 11/11/02 for $135,000


On motion to approve:

ADOPTED:   AYES - Black, Din, Flynn, Kasolas, and Vaughns

          ABSENT - Casey and McCray

(4.2) John Bako and Shirley Baker, Superior Ct. #400865, filed on 11/2/01 for $650,000


On motion to approve:

ADOPTED:   AYES - Black, Din, Flynn, Kasolas, and Vaughns

          ABSENT - Casey and McCray

ADJOURN CLOSED SESSION AND RECONVENE REGULAR MEETING - The closed session was adjourned at 7:03 p.m.

17. Announcement of Closed Session.

Chairman Flynn announced the board met in closed session to discuss Novak and Bako/Baker cases with the city attorney.   The board voted unanimously to settle both cases (Casey, McCray-absent).

18. Motion to disclose or not disclose the information discussed in closed session.

On motion to not disclose the information discussed: unanimously approved (Casey, McCray-absent).

ADJOURN - The meeting was adjourned at 7:04 p.m.

A tape of the meeting is on file in the office of the Secretary to the Municipal Transportation Agency Board of Directors.

Roberta Boomer

Board Secretary

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