HomeMy WebLinkAboutCC 8 STORM WTR PMT 09-08-92CONSENT CALENDAR NO. 8
K4,;Y 9-8-92
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DATE: SEPTEMBER 8, 1992
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
APPROVAL OF AMENDMENT NO. 1 TO STORMWATER PERMIT
SUBJECT: IMPLEMENTATION AGREEMENT AND NPDES TECHNICAL ADVISORY
COMMITTEE BYLAWS
RECOMMENDATIONS:
It is recommended that the City Council, at their meeting of
September 8, 1992, approve Amendment No. 1 to the Stormwater Permit
Implementation Agreement and the National Pollutant Discharge
Elimination System (NPDES) Technical Advisory Committee bylaws.
BACKGROUND:
On April 17, 1990, the City Council authorized the City to be a co -
permittee on the Orange County application for a National Pollutant
Discharge Elimination System permit, as required by the Clean Water
Act.
The Stormwater Permit Implementation Agreement executed on December
18, 1990, governs the administration of the NPDES municipal
stormwater permits. The Agreement identifies the County of Orange,
the incorporated Cities, other government entities and the Orange
County Flood Control District as co -permittees.
Section X of the Agreement states that the agreement may be amended
by consent of a majority of the co -permittees which represent a
majority of the percentage contributions. Further, other
government bodies or public agencies may request to become co -
permittees.
DISCUSSION•
Amendment No. 1. (attached) makes the following changes to the
Permit Implementation Agreement.
1. Adds the recently incorporated cities of Lake Forest and
Laguna Hills as new co -permittees.
2. Recomputes each participant's sha-re calculations to
reflect the addition of the two new cities and an
increase in the share allocated the Orange County
Flood Control District.
3. Allows the County as principal permittee to retain
professional services to implement a_oproved work programs
on behalf of the co -permittees.
Approval of Amendment No. 1
September 8, 1992
Page 2
4. Establishes a Technical Advisory Committee (TAC) to
implement the Agreement via policies established by the
co -permittees.
Attached to this report is a copy of Amendment No. 1, ap well as a
copy of the bylaws for the Technical Advisory Committ,6e.
Robert S. Ledendecker
Director of Public Works/
City Engineer
KP:RSL:amend#1
Attachment
e Pitcher
zistrative Assistant II
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Amendment NG,
Stormwater Permit Implementation Agreement
Amendment No. 1 to
National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement
Santa Ana/San Diego Regions
This AMENDMENT entered into as of this day of , 1992 by
the County of Orange, (herein called the COUNTY), the Orange Cotfnty Flood Control
District (herein called the DISTRICT), and the Cities of Anaheim, Brea, Buena Park,
Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington
Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, La Habra,
La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, San
Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park,
Westminster, and Yorba Linda (herein called the CITIES) adds two additional
co -permittees, provides revised participant -share calculations, and establishes the
NPDES Technical Advisory Committee.
RECITALS
WHEREAS, Section X of the Stormwater Permit Implementation Agreement
(hereinafter, AGREEMENT) states that the Agreement may be amended by consent of a
majority of the co -permittees which represent a majority of the percentage
contributions as described in Section IV of the AGREEMENT; and
WHEREAS, Section VI of the AGREEMENT states that any city which becomes
signatory to this AGREEMENT after the applications for the initial NPDES Stormwater
permits have been approved shall comply with all of the provisions of this AGREEMENT;
and,
WHEREAS, other government bodies or public agencies may request to become a
co -permittee to the AGREEMENT.
WHEREAS, program costs and participant share calculations are based on the
original 31 co -permittees and do not include calculations for additional co -
permittees; and,
05 -Aug -1992
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Amendment No. i
Stormwater Permit Implementation Agreement
WHEREAS, administrative and technical tasks originally anticipated to be
handled by the co -permittees are best handled by a Technical Advisory Committee; and
NOW THEREFORE: The parties hereto do mutually agree as follows:
1. Newly -incorporated co -permittees by their signatures hereon, are added as
co -permittees to the AGREEMENT.
2. Participant share calculations shall be recomputed in accordance with the
AGREEMENT, as amended, when additional. co -permittees are added. Amended calculations
and computation method are provided in Exhibit A.
3. The COUNTY as principal permittee may retain the services of professional
consultants and may fund, or contribute to funding technical and/or economic studies
conducted by professional organizations such as the American Public Works
Association.
4. The co -permittees hereby establish a Technical Advisory Committee (herein
called COMMITTEE) consisting of five members chosen by the Orange County City
Engineers Association, and one member representing the County of Orange. The
Committee shall prepare By-laws for Technical Advisory Committee and submit same to
the co -permittees for approval. The Committee will act in an advisory role to the
co -permittees and implement. policy previously established by the co -permittees.
5. This AMENDMENT may be executed in counterpart and the signed counterparts
shall constitute a single instrument.
6. This AMENDMENT incorporates the following Exhibits:
Exhibit A - Attachment 1 to Stormwater Permit Implementation Agreement:
Revised Participant Share Calculations to account for
16 -Jul -1992
additional co -permittees and current census data.
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Amendment No.
Stormwater Permit Implementation Agreement
IN WITNESS WHEREOF, this AGREEMENT has been executed as of the day and year
first above written.
DATE:
APPROVED AS TO FORM: _-
TERRY C. ANDRUS, County Counsel
ORANGE COUNTY, CALIFORNIA
COUNTY OF ORANGE
r"
BY
Chairman of the Board of Supervisors
ORANGE COUNTY FLOOD CONTROL DISTRICT
BY
Chairman of the Board of Supervisors
Orange County Flood Control District
ATTEST:
BY
Phyllis A. Henderson
Clerk of the Board of Supervisors
Orange County, California
BY;7
De ty
05 -Aug -1992 -3-
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Amendment No. .
Stormwater Permit Implementation Agreement
CITY OF
ANAHEIM
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
BREA
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
BUENA PARK
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
COSTA MESA
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
16 -Jul -1992
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16 -Jul -1992
Amendment No.
Stormwater Permit Implementation Agreement
CITY OF CYPRESS
BY
ATTEST:
Mayor
r"
BY
City Clerk
CITY OF DANA POINT
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FOUNTAIN VALLEY
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF FULLERTON
BY
ATTEST:
BY
-5-
Mayor
City Clerk
Amendment No_
Stormwater Permit Implementation Agreement
CITY OF GARDEN GROVE
DATE: BY
DATE:
16 -Jul -1992
ATTEST:
BY
-6-
City Clerk
Mayor
ATTEST:
r
DATE:
BY
City Clerk
CITY OF
HUNTINGTON BEACH
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
IRVINE
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF
LAGUNA BEACH
DATE:
BY
Mayor
DATE:
16 -Jul -1992
ATTEST:
BY
-6-
City Clerk
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16-Jul=1992
Amendment No. ,
Stormwater Permit Implementation Agreement
CITY OF LAGUNA HILLS
BY
Mayor
ATTEST:
r"
BY
City Clerk
CITY OF LAGUNA NIGUEL
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LAKE FOREST
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF LA HABRA
BY
Mayor
ATTEST:
BY
City Clerk
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I DATE:
I DATE:
DATE:
DATE
DATE:
DATE:
DATE:
DATE:
16 -Jul --1992
Amendment No.
Stormwater Permit Implementation Agreement
CITY OF LA PALMA
BY
Mayor
ATTEST:
r"
BY
City Clerk
CITY OF LOS ALAMITOS
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF MISSION VIEJO
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF NEWPORT BEACH
BY
Mayor
ATTEST:
BY
City Clerk
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Amendment No.
Stormwater Permit Implementation Agreement
CITY OF ORANGE
DATE: BY
Mayor
ATTEST:
DATE: BY
City Clerk
CITY OF PLACENTIA
DATE: BY
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Mayor
ATTEST:
BY
City Clerk
CITY OF SAN CLEMENTE
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF SAN JUAN CAPISTRANO
BY
Mayor
ATTEST:
BY
City Clerk
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DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
DATE:
16 -Jul -1992
Amendment.No.
Stormwater Permit Implementation Agreement
CITY OF SANTA ANA
BY
Mayor
ATTEST:
r
BY
City Clerk
CITY OF SEAL BEACH
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF STANTON
BY
Mayor
ATTEST:
BY
City Clerk
CITY OF TUSTIN
BY
Mayor
ATTEST:
BY
City Clerk
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Amendment No. 1
Stormwater Permit Implementation Agreement
CITY OF VILLA PARK
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
CITY OF 'WESTMINSTER
.DATE:
BY
Mayor
•
ATTEST:
DATE:
BY
City Clerk
CITY OF YORBA
LINDA
DATE:
BY
Mayor
ATTEST:
DATE:
BY
City Clerk
NJ:vm/crPWF02-113(2140)2051913295769
16 -Jul -1992
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Revised Attachment 1 to Stormwater Permit Implementation Agreement
EXHIBIT A
Revised Attachment 1
to
Stormwater Permit Implementation Agreement
FY 1992-1993 PARTICIPANT SHARE CALCULATIONS
NJ:vm/crPWF02-113(2198)2051913295769 2 Cities
NATIONAL POLLUTANT DISCHARGE SYSTEM
PROJECTED SCHEDULE OF ENTITY'S SHAR'
FOR FISCAL YEAR 1992/93
WEIGHTED AVERAGE METHOD WEIGHTINGS: POPULATION 50%
AREA 50%
* SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENVIRONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US
LAND AREA FIGURES PROVIDED'BY EMA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
*** W.A.S.R. = WEIGHTED AVERAGE SHARE
TABLE BY EMA/ERD
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1-1-91
1-1-91
ADJUSTED :
ENTITY
POPULATION*
AREA**
W.A.S.R.*** :
BUDGET SHARE :
ANAHEIM
273,491
44.993
8.4802348%:
577,178.62
BREA
32,950
10.404 :
1.4053140%:
$12,789.76 :
BUENA PARK
69,804
10.064
2.0551462%:
$18,703.89 :
COSTA MESA
97,437 :
15.343 :
2.9683999%:
$27,015.41 :
CYPRESS
42,628 :
6.925
1.3150161%:
$11,967.96 :
DANA POINT
-32,760 :
6.040
1.0658804%:
$9,700.58 :
FOUNTAIN VALLEY
53,699 :
9.553
1.7203975%:
$15,657.34 :
FULLERTON
115,563 :
22.298
3.8362899%:
$34,914.07 :
GARDEN GROVE
145,016 :
17.773
4.0281982%:
536,660.63 :
HUNTINGTON BEACH.
182,783 :
26.800
5.4158657%:
$49,289.79 :
IRVINE
111,418 :
43.369
5.3823417%:
$48,984.69 :
LAGUNA BEACH
23,448 :
7.800
1.0305601%:
$9,379.13 :
LAGUNA HILLS
22,666 :
5.195
0.8156785%:
$7,423.49 :
LAGUNA NIGUEL
47,699 :
14.669
2.0041794%:
$18,240.04 :
LAKE FOREST
56,070 :
10.245
1.8171597%:
$16,537.97 :
LA HABRA
51,617 :
7.699
1.5394836%:
$14,010.84 :
LA PALMA
15,437 :
2.014 :
0.4381993%:
$3,988.05 :
LOS ALAMITOS
11,643 :
2.186
0.3818475%:
$3,475.19 :
MISSION VIEJO
73,724 :
16.392 :
2.6141906%:
$23,791.75 :
NEWPORT BEACH
67,268 :
13.720 :
2.2900742%:
$20,841.96 :
ORANGE
:, 112,709 :
23.202
3.8535310%:
$35,070.99 :
PLACENTIA
41,375 :
6.606
1.2674754X:
511,535.29 :
SAN CLEMENTE
42,164 :
16.910
2.0751680%:
$18,886.10 :
SAN JUAN CAPISTRANO
26,745 :
14.054 :
1.5724803%:
$14,311.14 :
SANTA ANA
300,256 :
27.339
7.6121440%:
$69,278.12 :
SEAL BEACH
25,095 :
8.488
1.1137341%:
$10,136.09 :
STANTON
30,818 :
3.131
0.8063187%:
$7,338.31 :
TUSTIN
52,145 :
8.582
1.6171435%:
$14,717.62 :
VILLA PARK
6,279 :
2.077 :
0.2750657%:
$2,503.37 :
WESTMINSTER
78,803 :
10.190
2.2299129%:
$20,294.44 :
YORBA LINDA
53,878 :
17.965
2.3712515%:
$21,580.76 :
ORANGE COUNTY
1550889 :
152.528
14.6013177%:
$132,886.59 :
O.C.F.C.D. (TOTAL)
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10.0000000%:
$91,010.00 :
TOTALS
$9100100.00
2,453,277
584.554
100.0000000%
* SOURCE: CALIFORNIA STATE DEPARTMENT OF FINANCE (LAKE FOREST POPULATION FROM 4/1/90 CENSUS)
** SOURCE: ENVIRONMENTAL MANAGEMENT AGENCY - SURVEYOR BOUNDARY UNIT. AREA HAS BEEN CALCULATED US
LAND AREA FIGURES PROVIDED'BY EMA AND SUBTRACTING AREAS IN EACH JURISDICTION FOR NATIONAL FORESTS
PARKS, AIRPORTS, LANDFILLS AND MILITARY INSTALLATIONS.
*** W.A.S.R. = WEIGHTED AVERAGE SHARE
TABLE BY EMA/ERD
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
roll
' TECHNICAL ADVISORY CONINIITTEE
BY
LAWS
A COOPERATIVE PROGRAM BETWEEN THE CO -PERMITTEES OF THE STORMWATER PERMIT lb(FLEMENTATION AGREEMENT
POR THE SANTA ANA & AND SAN DIEGO REGIONS WITHIN ORANGE COUNTY
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CONTENTS
1.0 Introduction
1.1 Purpose
1.2 Background
1.3 Stormwater Permit Implementation Agreement
2.0 Technical Advisory Committee
2.1 Formation
2.2 General Tasks
2.3 -Membership,
2.3.1 Term of Membership
2.2.2 Committee Chairman
2.4 Meetings Frequency
2.5 Committee Support
3.0 Delegated Authority
3.1 Annual Operating Budget
3.2 Submittals to Regulatory Authorities
3.2.1 Stormwater Permit Implementation Agreement
3.2.2 Drainage Area Management Plan
3.2.3 NPDES Permits
3.2.4 Proposed Legislation
3.3 Consultant Selection
3.4 Budgetary Items
3.5 Communication with Others
Exhibits
1. NPDES Technical Advisory Committee Organization
2. NPDES Technical Advisory Committee Members
3. References
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.0 Int
1.1 Purpose
These Bylaws define the membership and authority of the National Pollutant Discharge
Elimination System Technical Advisory Committee (hereinafter known as "Committee"). The pur-
pose of the Committee is to serve the co -permittees of the Stormwater Permit Implementation
Agreement between the County of Orange, the Orange County Flood Control District, and other
participants (hereinafter, collectively known as "co -permittees") in an advisory.capacity and help
manage and implement the NPDES Permit Program.
1.2 Background
On July 13, 1990, the County of Orange and the Orange County Flood Control District (OCFCD),
in cooperation with the Cities, obtained NPDES Permit Nos. CA 8000180 and CA 0108740 for
areawide stormwater discharge permits under the National Pollutant Discharge Elimination System
(NPDES).
The co -permittees believe the implementation of the stormwater discharge program will be imple-
mented more efficiently and effectively through this Committee. Committee Members serving the
Cities will be selected by the Orange County City Engineers Association.
1.3 Stormwater Permit Implementation Agreement
The Stormwater Permit Implementation Agreement (hereinafter known as "Agreement',), executed
on December 18, 1990, governs the administration of the NPDES municipal stormwater permits.
This Agreement identifies the County of Orange, the incorporated cities, other government entities
and the Orange County Flood Control District collectively as co -permittees.
2.0 Technical Advisory Committee
2.1 Formation
The Stormwater Permit Implementation Agreement will be amended to create the Committee.
The Committee will be governed by these Bylaws.
2.2 General Tasks
The Committee will receive, review, recommend and take appropriate actions on all program relat-
ed matters including financial reports on behalf of the co -permittees. The Committee will where
appropriate seek co -permittees approval. The Committee will interpret and implement policy estab-
lished by the co -permittees and advise co -permittees on matters relating to the program as required
by the co -permittees.
The relationship between the Committee and other NPDES program participants is illustrated in
Exhibit 1.
2.3 Membership
The Committee will consist of six members: Five members each representing a supervisorial dis-
trict and nominated by the Orange County City Engineers Association via the Orange County
League of California Cities.
The sixth member will represent the Director, EMA.
r'
Alternate representatives for appointed members will not be permitted.
2.3.1 Term of Membership
City members will serve three years on a staggered schedule as shown in Exhibit 2.
2.3.2 Committee Chairman
The Chairman will be elected annually by a majority vote of the Committee at its first meeting.
Exhibit 2 lists present and past members of the Committee.
2.4 Meeting Frequency
At least one meeting will be held each year. Additional meetings may be held as required.
2.5 Committee Support
Staff support to the Committee will be provided by EMA - Flood Program Division and
Environmental Resources Division, and others as required. The Manager EMA-Flood Program
Division or his designee will serve as the Secretary and keep minutes of meeting proceedings.
3.0 Delegated Authority
3:1 Annual Operating Budget
The Committee will formulate, review and recommend annual operating budgets to the co -permit-
tees for approval in accordance with the Agreement and these Bylaws.
3.2 Submittals to Regulatory Authorities
The Committee will review all items submitted on behalf of co -permittees to the regulatory author-
ities as part of the Agreement.
3.2.1 Stormwater Permit Implementation Agreement
The Committee will review, and submit Stormwater Permit Implementation Agreement ainend-
ments to the co-perinittees for approval.
The Committee will review, and submit the Drainage Area Management Plan and amendments to
this Plan to the co -permittees for approval.
3.2.3 NPDES Permits
The Committee will review, and submit new or amended NPDES Permits associated with the
Municipal Stormwater discharge program to the co -permittees for approval. 1-11
3.2.4 Legislation
The Committee will review all proposed legislation relating to Stormwater Pollution (NPDES) and
recommend appropriate action to co -permittees.
3.3 Consultant Selection
The Committee will review Scopes of Work, Requests for Proposals, and consultant slates for pro-
viding. specialized services related to the NPDES program and make appropriate recommendations
on these matters to co-pennittees or the County as lead co -permittee.
3.4 Budgetary Items
All budgetary matters will be submitted with recommendations by the Committee for approval by
the co -permittees. Budgetary items with recommended action will be submitted in writing to each
co -permittee.
4.0 Communication with Others
The Committee may conduct informal communications as necessary with others on behalf of the
co -permittees to carry out its delegated authority in implementing program.
I REFERENCES
1. Orange County Flood Control Act, 1927.
2. National Pollutant Discharge Elimination System Stormwater Permit Implementation
Agreement; Santa Ana/San Diego Regions.
3. Orange County NPDES Storm Water Permit Program Drainage Area Management Plan.
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Exhibit 1
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
TECELNICAL ADVISORY CONDAMEE
i
i
CO -PERMITTEES ,
jI (Permit Implementation Agreement)
1
.a s°
;> cl REGIONAL WATER
QUALITY CONTROL
BOARDS
F
0
a
LEAGUE OF CITIES Appoint Members
d
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s
c tti U
ORANGE COUNTY a 2
CITY ENGINEERS N
ASSOCIATION
in
ORANGE COUNTY
ENVIRONMENTAL
MANAGEMENT
AGENCY
(L "d Co- Permittee)
i
t
.
Exhibit ,
TECHNICAL ADVISORY COMMITTEE
MEMBERS
TERM
CITY
}
EXPIRA-
SUPV.
OR
YEA $ NAME
TION DISTRICT
,,"
DATE
1993
8-31-95
3
8-31-93
1
8-31-93
4
8-31-94
2
!
8-31-94
5
W. L. Zaun
N/A
N/A
EMA/PW
1992 Hugh Berry/ Don Hoppe
8-31-92
3
Fullerton
Lee Harry
8-31-93
1
Santa Ana
1 , Frank Page, Chairman
8-31-93
4
Orange
! Don Noble
8-31-94
2
Huntington Beach
' John Wolter
8-31-94
5
Newport Beach
W. L. Zaun
N/A
N/A
EMA/PW
1991 Formation Committee
W. L. Zaun, Chairman
*
N/A
EMA/PW
Lee Harry
*
1
Santa Ana
Don Noble
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2
Huntington Beach
.
Hugh Berry
*
3
Fullerton
Frank Page
*
4
Orange
g
John Wolter
*
5
Newport Beach
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Note: * Term expires upon confirmation of regular members
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