HomeMy WebLinkAbout05 - Commercial Filming OrdinanceCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S
September 8, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director
(949) 644 -3123 or DDanner ANewportBeachCA.gov
Glen Everroad, Revenue Manager
(949) 644 -3144 or GEverroad(DNewportBeachCA.gov
SUBJECT: Film Ordinance Amendments to Codify Film Liaison Position,
Require Permits for Commercial Filming at Private Residential
Property, and Amending Appeal Provisions
ISSUE:
Should the Film Ordinance be updated to reflect current practice?
RECOMMENDATION:
Staff recommends the City Council introduce the attached proposed ordinance
updating Chapter 5.46, regulating commercial film production, and pass to
second reading.
DISCUSSION:
Backqround:
The City has regulated commercial film production since 1968 and amended the
ordinance once in 1986. The Film Ordinance (Chapter 5.46) requires a permit for
commercial film production on public property and requires applications for permits
to be submitted fourteen days prior to the desired production date. Amateur
photographers and news related production efforts are exempted from the permit
requirement. Chapter 5.46 does not require a permit for commercial filming on
private property and Zoning Code (Section 20.05.050) provides that up to 25 days
of production may occur on private property annually before the conduct is
considered commercial. The current ordinance requires a fee to defray the City's
cost in processing the application and that the applicant pay for any additional City
services provided to the production.
Film Ordinance Amendments
September 8, 2009
Page 2
In 1986, the City created Orange County's first Film Liaison (Joe Cleary) to
facilitate the processing of applications and monitor compliance with permit
conditions at commercial film productions. The Film Liaison responds to
production requests, confers with City staff in the conditioning of film permits and
coordinates productions with affected areas of the community. Commercial film
permit applicants may apply directly to the Film Liaison, or may file an application
with the Revenue Division. While the application fee is the same, there are distinct
advantages in applying to the Film Liaison. With over forty years of film production
experience, Joe Cleary understands the production industry's needs and
operations, and is able to process permit requests substantially quicker than the
fourteen day lead time required by the ordinance. As a lifetime resident of the City,
Joe understands the nuances of the community and is extremely protective of the
quality of life in Newport Beach. This combination of film liaison qualifications has
proven very effective in making Newport Beach the backdrop for more commercial
film productions than any other Orange County city, handling over 100 permit
requests and permitting nearly 150 film days each year. The proposed changes to
Chapter 5.46 would define and codify the film liaison position.
Many Newport Beach property owners offer their homes for film productions,
typically television commercials and infomercials. These productions often have
parking, noise and traffic impacts on the neighborhoods in which they occur. Most
city ordinances and the California Film Commission's model film ordinance require
permits for commercial film production on private property, while Chapter 5.46
does not. Production companies routinely request permits for private property
filming and the film liaison accommodates those requests in order to mitigate
potential problems. The proposed changes to Chapter 5.46 would clarify that film
permits are required for commercial film production at private residential
properties. Zoning Code (Section 20.15.020) requires a Use Permit for
commercial filming in commercial districts and no application of Chapter 5.46
requirements is proposed.
Chapter 5.46 currently exempts amateur photographers, as well as a variety of
efforts related to news collection and broadcasting for commercial entities. The
proposed amendments, while retaining the exemption for amateur photographers,
clarifies the news reporting exemption for constitutionally protected filming
activities.
The appeal provisions of Chapter 5.46 establish the right to appeal to the City
Council the City Manager's decision to approve or deny an application. The
proposed revisions would establish appeal rights of the Film Liaison decision to the
City Manager and provide for a City Council Member's right to appeal the decision
of the City Manager.
Film Ordinance Amendments
September 8, 2009
Page 3
Environmental Review:
This project has be analyzed under the requirements of the California
Environmental Quality Act and determined to not be a project under CEQA.
Public Notice:
The agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
Prepared by:
GI rroad,
Revenue Manager
Attachments: Proposed Ordinance
Submitted by:
Dennis C. Danner
Administrative Services Director
ORDINANCE NO 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING AND REPLACING IN
ITS ENTIRETY CHAPTER 5.46 OF TITLE 5 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
REGULATION OF COMMERCIAL FILM PRODUCTION
The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Chapter 5.46 of Title 5 of the Newport Beach Municipal Code is
hereby replaced in its entirety and is amended to read as follows:
Chapter 5.46 REGULATION OF COMMERCIAL FILM PRODUCTION
5.46.001 Purpose and Intent
5.46.005 Definitions
5.46.010 Permit Required
5.46.020 Exceptions
5.46.030 Application for Permit
5.46.040 Issuance of Permit
5.46.045 Conditions of Approval
5.46.050 Notice of Approval or Disapproval
5.46.060 Appeal
5.46.070 Cost of Additional City Services
5.46.080 Bond and Insurance
5.46.001 Purpose and Intent.
The City Council of the City of Newport Beach finds and declares that commercial film
production in the City and surrounding region provides unique and significant
contributions to the economy in the areas of hotels, restaurants, catered food, leases of
equipment and property, transportation and wages and salaries. The purpose and
intent of this chapter is to create an environment conducive to the production of
commercial film and ensure the public health, safety and welfare through the regulation
of commercial film production so as to:
A. Provide for pedestrian and driving safety and convenience;
B. Prevent unreasonable interference with the flow of pedestrian or vehicle traffic,
including ingress to or egress from, any residence or place of business, or from
the street to the sidewalk, by persons exiting or entering parked or standing
vehicles;
C. Maintain and protect the value of surrounding properties;
1
D. Reduce exposure of the City to personal injury and /or property damage, claims
and litigation;
E. Protect the public's right to collect, gather and distribute information;
F. Streamline the film permit process and facilitate issuance of a permit for
commercial film production; and
G. Ensure the public health, safety and welfare.
5.46.005 Definitions.
For the purposes of this chapter certain words are defined as follows.
A. "Film Liaison" means an individual employed by or retained by the City of
Newport Beach whose primary responsibility is to oversee, coordinate and/or
manage the permit process required by this chapter and the activities allowed by
permits granted under this chapter.
B. "Journalistic Activity" means the staging, shooting, making, capturing, taking or
recording of images for non - commercial First Amendment protected purposes
such as activities conducted by a newspaper reporter in the scope of their
employment.
C. "Student Film" means the staging, shooting, making, capturing, taking or
recording of images for purposes resulting from enrollment in or in connection
with high school, junior college, college, university, specialty education institution
such as trade schools, film schools or art schools or any other educational
program.
5.46.010 Permit Required.
No person shall use any property zoned or utilized for a residential use, public property or
public facility for the purpose of staging, shooting, making, capturing, taking or recording of
images for any commercial or business purpose without first applying for and receiving a
permit from the City Manager or Film Liaison.
5.46.020 Exceptions.
The provisions of this chapter shall not apply to amateur photographers or any person
involved in Journalistic Activities.
5.46.030 Application for Permit
A. Application Filing Deadline. Any person desiring to use any residentially zoned
property, public property or facility for the purpose of staging, shooting, making,
2
capturing, taking or recording of images for any commercial or business purpose
shall, not less than fourteen (14) days before the date on which such person
desires to conduct such activity, file an application for a permit with the City
Manager or the Film Liaison, on a form furnished by the City. The City Manager
or the Film Liaison may in his/her discretion waive the requirement that
applications be filed fourteen (14) days prior to the date on which the activity is to
be conducted.
B. Application Contents. The application shall be verified and shall contain any
information or documents requested by the City Manager or Film Liaison as well
as the following information:
1. The name, address and telephone number of the person wishing to
conduct such activity.
2. The name, address and telephone number of the person who will be in
charge of the activity and be responsible for its conduct.
3. The date or dates and hours when such activity is to be conducted.
4. The approximate time when such activity will begin and end.
5. The location or locations within the City where such activity will take place.
6. The approximate number of persons who will engage in such activity.
7. A list of major equipment to be used, including but not limited to trucks,
buses, limousines and cameras.
8. A general statement of the character or nature of the proposed activity.
C. Application and Permit Fees. Each application, except applications for a student
film, shall be accompanied by an application fee as established by resolution of the
City Council. Applicants shall be required to file an application for each separate
filming activity. If said permit is approved, it shall not be necessary for the permittee
to obtain a City business license to carry on the activities authorized by said permit,
unless such permittee maintains a permanent place of business within the City.
The permittee, except those producing student films, shall pay to the City a permit
fee as established by resolution of the City Council for each day or portion of a day
during which such activities are conducted.
Section 5.46.040 Issuance of Permit.
The City Manager or the Film Liaison shall issue a permit, with appropriate conditions,
as provided for herein when, from a consideration of the application and from such other
information as may otherwise be obtained, he /she finds based on all of the relevant
information that:
A. The conduct of such activity will not unduly interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or rights of
nearby residents to the quiet, peaceable and unmolested enjoyment of their
property, or otherwise be detrimental to the public peace, health, safety or
general welfare.
3
B. The conduct of such activity will not unduly interfere with normal governmental or
City operations, threaten to result in damage or detriment to public property, or
result in the City incurring costs or expenditures in either money or personnel not
reimbursed in advance by the applicant.
C. The conduct of such activity will not constitute a fire hazard, and all proper safety
precautions will be taken.
D. The conduct of such activity will not require the diversion of so great number of
police officers of the City to properly police the area of such activity as to interfere
with normal police protection for other areas of the City.
Section 5.46.045 Conditions of Approval.
The City Manager or the Film Liaison shall have the authority to impose any special
permit conditions determined to be necessary to protect the public health, safety and
welfare. If approved, the permit shall contain the following standard conditions:
A. The permittee shall defend, indemnify, release and hold harmless the City, its
City Council, boards, commissions, officers and employees from and against
any and all claims, demands, obligations, damages, actions, causes of action,
suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate
(directly or indirectly) to the permitted activities. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, or proceeding whether incurred by the permittee, City, and /or the parties
initiating or bringing such proceeding.
B. The permittee shall at its own cost and expense, comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
C. The permit shall not be transferred to any other person or entity.
D. The permittee shall place on deposit with the City the estimated costs to be
incurred by the City related to the activities conducted under the permit and the
permittee shall reimburse the City for any additional costs incurred by the City
within ten (10) days of receiving notice from the City of any additional costs.
Section 5.46.050 Notice of Approval or Disapproval.
The City Manager or the Film Liaison shall act upon the application within ten (10) days
after the filing thereof and shall at such time mail to the applicant a notice of his action.
it
If the application is disapproved, said notice shall state the reasons for such
disapproval.
Section 5.46.060 Appeal.
A. Decision of Film Liaison. Any Council Member or other person aggrieved by the
decision of the Film Liaison shall have the right to appeal the approval or
disapproval of the application to the City Manager within five (5) calendar days
after notice of the decision of the Film Liaison is mailed. The City Manager shall
review the application de novo and shall render a decision within fourteen (14)
days.
B. Decision of City Manager. Any Council Member or other person aggrieved by the
City Manager's decision shall have the right to appeal the approval or disapproval
of the application to the City Council within five (5) calendar days after notice of
the decision is mailed. The City Council shall review the application de novo and
act upon the appeal within sixty (60) days after the filing thereof. Any Council
Member shall have the right to appeal the decision of the City Manager.
C. Council Member Appeal. Any appeal filed by a City Council Member in
accordance with this section shall be considered a call for review and the Council
Member shall not be considered an aggrieved person.
Section 5.46.070 Cost of Additional City Services.
A. The fully loaded hourly cost of City staff and /or Film Liaison time used to review
and /or process an application for a permit, shall be charged to the pennittee.
B. If deemed necessary by the City Manager or the Film Liaison, additional police,
fire and other City services shall be provided for the purpose of protecting,
assisting and regulating the proposed activity. The cost of providing such
additional services shall be paid to the City by the applicant.
Section 5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such a
permit, that the applicant furnish a bond, insurance or both to protect the City against
claims of third persons for personal injury, wrongful death and property damage and to
indemnify the City for damage to City property arising out of the permittee's activities.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held. on the day of 2009, and
adopted on the day of 2009, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
h�iL•1
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By A '-/ C. vY�
DAVID R. HUNT, CITY ATTORNEY
[.9
ORDINANCE NO 2009-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
:ACH AMENDING AND REPLACING IN ITS ENTIRETY CHAPTER 5.46 OF TITLE
REGULATION OF COMMERCIAL FILM PRODUCTION
The City Council of the City of Newport Beach does hereby ordain as follows:
entirety and is amended to read as follows:
Chapter 5.46 REGULATION OF COMMERCIAL FILM PRODUCTION
5.46.001
Purpose and Intent
5.46.005
Definitions
5.46.010
Permit Required. -
5.46.020
— Exceptions.
5.46.030
— Application for Permit-
5.46.040
— Issuance of Permit-
5.46.045
Conditions of Approval
5.46.050
— Notice of Approval or Disapproval:
5.46.060
— Appeal-
5.46.070
—Cost of Additional City Services. -
5.46.080--Bond
and Insurance.
5.46.001 Purpose and Intent.
The City Council of the City of Newport Beach finds and declares that commercial film
production in the City and surrounding region provides unique and significant
contributions to the economy in the areas of hotels, restaurants, catered food, leases of
equipment and property, transportation and wages and salaries. The purpose and
intent of this chapter is to create an environment conducive to the production of
commercial film and ensure the public health, safety and welfare through the regulation
of commercial film production so as to:
A. Provide for pedestrian and driving safety and convenience;
B. Prevent unreasonable interference with the flow of pedestrian or vehicle traffic,
including ingress to or egress from, any residence or place of business, or from
the street to the sidewalk, by persons exiting or entering parked or standing
vehicles:
C. To maintain and protect the value of surrounding properties;
D. Reduce exposure of the City to personal injury and /or property damage, claims
and litigation;
E. Protect the public's right to collect, gather and distribute information;
F. Streamline the film permit process and facilitate issuance of a permit for
commercial film production; and
G. Ensure the public health, safety and welfare.
5.46.005 Definitions.
For the purposes of this chapter certain words are defined as follows.
A. "Film Liaison" means an individual employed by or retained by the City of
Newport Beach whose primary responsibility is to oversee, coordinate and/or
manage the permit process required by this chapter and the activities allowed by
permits granted under this chapter.
B. "Journalistic Activity" means the staging, shooting, making, capturing, taking or
recording of images for non - commercial First Amendment protected purposes
such as activities conducted by a newspaper reporter in the scope of their
employment.
C. "Student Film" means the staging, shooting, making, capturing, taking or
recording of images for purposes resulting from enrollment in or in connection
with high school, junior college, college, university, specialty education institution
such as trade schools, film schools or art schools or any other educational
program.
5.46.010_ Permit Required.
No person shall use any residentially zoned property, public property or facility for
the purpose of staging, shooting, making, capturing, taking or recording of images for any
commercial or business purposetaking still, motion, or television piGtures without first
applying for and receiving a permit therefor from the City Manager, Film Liaison or City
Manager's -;;:�;�.
5.46.020 Exceptions.
The provisions of this chapter shall not apply to amateur photographers or any
person involved o reperteFs, photographers or Gameramen in Journalistic Activities. the
or similar entity engaged On on-the spot broadGasting, repGFting or photogra 9
of a general �ubl.i.G Interest. (Ord. 1262 A 1 r (part), 19641
F
5.46.030 Application for Permit:
A. Application Filing Deadline: Any person desiring to use any residentially
zoned property, public property or facility for the purpose of staging, shooting,
making, capturing, taking or recording of images for any commercial or business
up rpose shall, not less than fourteen (14)
days before the date on which such person desires to conduct such activity, file
an application for a permit with the City Manager or the Film Liaison, on a form
fumished by the City._ The City Manager or the Film Liaison may in his /her
discretion waive the requirement that applications be filed fourteen (14) days
prior to the date on which the activity is to be conducted.
B. Application Contents: The application shall be verified and shall set forth the
following information;
1.A The name, address and telephone number of the person wishing to
conduct such activity.
2. B. The name, address and telephone number of the person who will
be in charge of the activity and be responsible for its conduct.
3. —G. The date or dates and hours when such activity is to be conducted.
4.9 The approximate time when such activity will begin and end.
5. I The location or locations within the City where such activity will take
place.
6.F The approximate number of persons who will engage in such
activity.
7. G. A list of major equipment to be used, including but not limited to
trucks, buses, limousines and cameras.
8. H A general statement of the character or nature of the proposed
activity.
C. Application and Permit Fees. EachSaid application except applications for a
student film, shall be accompanied by an application fee _as established by
resolution of the City Council. _Applicants
business In the City shall not be required to pay moFe than the application fee
as established by reselutien of the City Council dUFing the period they
continue to maintain said place of business, but they shall be required to file an
application for each separate filming activity._ If said permit is approved, it shall not
be necessary for the permittee to obtain a City business license in GFder-to carry
on the activities authorized by said permit, unless such permittee maintains a
permanent place of business within the City._ The permittee. except those
producing student films, shall pay to the City a permi fe a_ estabfthea by
permanent piaee of business within the City shall pay fee as established by
resolution of the City Council for each day or portion of a day during which such
3
activities are conducted. ,
Section 5.46.040 Issuance of Permit.
The City Manager or the Film Liaison shall issue a permit as provided for herein
when, from a consideration of the applicant and from such other information as may
otherwise be obtained, he /she finds based on all of the relevant information#iads that:
A. The conduct of such activity will not unduly interfere with traffic or
pedestrian movement, or tend to interfere with or endanger the public peace or
rights of nearby residents to the quiet, peaceable and unmolested enjoyment of
their property, or otherwise be detrimental to the public peace, health, safety or
general welfare.
B. The conduct of such activity will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment to
public property, or result in the City incurring costs or expenditures in either
money or personnel not reimbursed in advance by the applicant.
C. The conduct of such activity will not constitute a fire hazard, and all proper
safety precautions will be taken.
D. The conduct of such activity will not require the diversion of so great
number of police officers of the City to properly police the area of such activity as
to interfere with normal police protection for other areas of the City.
Section 5.46.045 Conditions of Approval.
The City Manager or the Film Liaison shall have the authority to impose any special
permit conditions determined to be necessary to protect the public health safety and
welfare. If approved, the S, permit shall contain the following standard conditions:
A. The a pFevisian wheYeby the permittee shall defend, ffuara. t`ec tc indemnify,
release and hold the City harmless the City, its City Council, boards,
commissions, officers and employees from and against any and all claims,
demands obligations damages actions causes of action suits, losses, lability
e� judgments fines penalties liabilities costs and expenses (including without
limitation attorney's fees disbursements and court costs) of every kind and
nature whatsoever which may arise from or in any manner relate (directly or
indirectly) to the permitted activities.
This indemnification shall include but not be limited to, damages awarded
against the City, if any, costs of suit attorneys' fees and other expenses incurred
in connection with such claim action or proceeding whether incurred by the
permittee City, and/or the parties initiating or bringing such proceeding (9fd-.
1767 § 1 (paFt) 19691
El
B. The permittee shall its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
C. The permit shall not be transferred to any other person or entity.
D. The permittee shall place on deposit with the City the estimated costs to be
incurred by the City related to the activities conducted under the permit and the
permittee shall reimburse the City for any additional costs incurred by the City
within ten (10) days of receiving notice from the City of any additional costs.
Section 5.46.050 Notice of Approval or Disapproval.
The City Manager or the Film Liaison shall act upon the application within ten
10 days after the filing thereof and shall at such time mail to the applicant a notice of
his action. If the application is disapproved, said notice shall state the reasons for such
disapproval.
Section 5.46.060 Appeal.
A. Decision of Film Liason. —Any Council Member or other person aggrieved by
the Gity ManageF's decision of the Film Liaison shall have the right to appeal the
approval or disapproval of the application to the City ManagerGe-nsil -the
appeal shall be takeR within five (5) calendar days after notice of the decision of
the Film Liaison is mailed. The City Manager shall review the application de
novo and shall render a decision within fourteen (14) days.
B. Decision of City Manager. Any Council Member or other person aggrieved by the
City Manager's decision shall have the right to appeal the approval or disapproval
of the application to the City Council within five (5) calendar days after notice of
the decision is mailed. The City Council shall review the application de novo and
act upon the appeal within sixty 60 days after the filing thereof.
Any Council Member shall have the right to appeal the decision of the City
Manager.(Gr 4-�...,.rgan�
C. Council Member Appeal. Any appeal filed by a City Council Member in
accordance with this section shall be considered a call for review and the Council
Member shall not be considered an aggrieved person.
Section 5.46.070 Cost of Additional City Services.
A. The fully loaded hourly cost of City staff and /or Film Liaison time used to review
and /or process an application for a permit, shall be charged to the permittee.
5
B. If deemed necessary by the City Manager or the Film Liaison, additional police,
fire and other City services shall be provided for the purpose of protecting,
assisting and regulating the proposed activity. The cost of providing such
additional services shall be paid to the City by the applicant. (GFd. 1262
(part), 8)
Section 5.46.080 Bond and Insurance.
The City Manager or the Film Liaison may require, as a condition of issuing such
a permit, that the applicant furnish a bond, insurance or both to protect the City against
claims of third persons for personal injury, wrongful death and property damage and to
indemnify the City for damage to City property arising out of the permittee'sperrraittee's
activities._
SECTION 2: If anv section. subsection. sentence. clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the day of 2009, and
adopted on the day of , 2009, by the following vote, to wit:
AYES COUNCIL MEMBERS
NOES COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
N
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
DAVID R. HUNT, CITY ATTORNEY
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