HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
January 14, 2014
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
December 10, 2013 — 5;30 p.m.
I. STUDY SESSION - Cancelled
II. CONVENED AT 5:30 P.M. FOR REGULAR MEETING
III. ROLL CALL
Present: Council Member Gardner, Council Member
Member Selich, Council Member Henn, Coun
IV. PLEDGE OF ALLEGIANCE - Council Member Gardner
V. INVOCATION -Mayor Curry
VI. PRESENTATION
State Board of Equalization -
Mayor Curry noted that
by Michelle Steel.
Michelle Steel,
including Mayc
Mayor Curry,ai
Mayor Curr
attendance.
VII. NOTICE TO T
VIII. CITY COUN(
Mayor Pro
has
recognized
Steel
6'r Pro Tem Hill, MMq%y Curry, Council
Daigle
many years at the State Board of Equalization
4bdged the great work of the Council Members,
Hill, expressed her appreciation to the City, and presented
Coastline Community Colleges Trustee, for his
Council Member Henn reported participating in the Balboa Village Christmas Tree Lighting Ceremony
and commented positively on the event. He thanked ExplorOcean for allowing use of their facility so Santa
could visit with children. He noted that Christmas carols were sung by the Orange County Children's
Choir, reported that Balboa Village has a new set of decorations, and encouraged residents to visit during
the Christmas holiday. He expressed appreciation to the Balboa Village Business Association, City staff,
and residents for their support.
Council Member Henn also reported that the Balboa Village Advisory Committee (BVAC) will meet on
December 11, 2013, at 4:00 p.m. at ExplorOcean and noted that the main agenda item is a review of
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December 10, 2013
parking governance recommendations for Balboa Village as part of a set of recommendations that will be
coming before Council. He reported that the Tidelands Management Committee will meet on December
18, 2013, at 4:00 p.m. in the Civic Center Community Room where it will review a capital plan update for
the Harbor, a policy document issued by the California Coastal Commission on sea level rise, how derelict
boats are handled in the Harbor, and will receive a Harbor Commission report on public piers and visitor
access in the Harbor.
Council Member Gardner reported that the December meetings of the Harbor Commission and the Water
Quality /Coastal Tidelands Committee have been cancelled, but the City As Commission will meet on
December 12, 2013, at 5:00 p.m. in the Central Library Friends Room.
Council Member Petros announced his involvement in a meeting
Corona del Mar High School on December 11, 2013, at 7:00 p.m.
Del Oro.'
Mayor Curry announced that the City Clerk's Office will bt
U.S. troops, new and used DVDs for troops and cash/g.ffi
Operation Christmas" He encouraged residents to d7 4'c:
"off
December 23, 2013. " =''
Mayor Curry also reported joining the City's Pul
Association (APWA) where the City received€
-;
He congratulated Public Works staff and "
participated in a press conference organized by -1
reported this is a new and innovative approach'
individual action by locking vehicles and not le
positively regarding the camp nd congrat,
Additionally, Mayor Curry r7ortedpeaking at
the proposal for a stadium at
Ts Fiesta Room at 2414 Vista
new, unw –ped toys for children of
bons for fah @s of troops through
at the City Clem Office by noon on
is Works sta[f in a meeting of the American Public Works
2013 Project'.,— Year Award for its new Civic Center.
Coast Moms Club Hohda armval *here money
He commented on the na det Mar Christ
Commerce's Wake -Up Newp Myy1f. Curry re .
indicated that it woulda,beno aeeel "ptg�
Council iGFt;ber Gardner not
Construction `garding Item 6
letters and repoe`d that there
Regarding Item 12 te rly l
believed it could be imp ed
information more interests
reserves, pensions, benefits, =an
X. CONSENT CALENDAR
ect are it He reported that, last week, he
Police to#9aveil the City's stolen collection. He
Ing_p.. now at the best defense from crime is
val tiles 3 n'sight in vehicles. He commented
the Chief of'' o ice for implementing the program.
iizen's Police Academy graduation and the Newport
raised for Phelan- McDermid Syndrome awareness.
Walk and reported speaking at the Chamber of
red a recent article regarding fuel for fire pits and
@p adopted at the last Council meeting.
th A� e ity received letters from Horizons Construction and KASA
!t Ridge Park). City Attorney Harp confirmed that he reviewed the
be no problem with awarding the contract at this time.
'siness Report), Jim Mosher acknowledged that the reports are useful, but
r holding a citizens' focus group to determine how to make the financial
i understandable to the public. He made suggestions regarding the City's
workers compensation.
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE NOVEMBER 26, 2013 STUDY SESSION
MEETING. [100 -2013] Waive reading of subject minutes, approve as
filed. Council Member Daigle abstained from this item.
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AND REGULAR
amended, and order
City of Newport Beach
City Council Minutes
December 10, 2013
2. READING OF ORDINANCES. Waive reading in full of all ordinances under consideration,
and direct City Clerk to read by title only.
B. ORDINANCES FOR ADOPTION
3. ADOPTION OF ORDINANCE NO. 2013 -27 AMENDING CHAPTER 17.60 AND
SUBSECTION 17.85.020(B)(2) OF THE NEWPORT BEACH MUNICIPAL CODE
REGARDING RESIDENTIAL AND COMMERCIAL TP RS LOCATED UPON
TIDELANDS. [100 -2013] Conduct second reading and ad! Ordinance No. 2013 -27, An
Ordinance of the City Council of the City of Newport Be, Amending Chapter 17.60 and
Subsection 17.35.020(B)(2) of the Newport Beach Munico Code Regarding Residential and
Commercial Piers Located Upon Tidelands. Coun.4 14�kber Selich reeused himself
from this item since he owns a residential pier �?
.•zG ` a .
4. ADOPTION OF ORDINANCE NO. 2013�-� AP ;ROVING C NCity NDMENT NO.
CA2013 -008 TO REPEAL THE INCLJi,'3IONAY HOUSINIONS IN THE
MUNICIPAL CODE (PA2013 -221). 100 -2'3] Conduct sding and adopt
Ordinance No. 2013 -28, An Ordinance *,. *FCity Council of t Newport Beach
Repealing Chapter 19.54 (Inclusionary Hous of Title 19 of the Newport Beach Municipal
Code, approving Code Amendnt No. CA201 8. Council Member Gardner voted no
on this item. I``;a, ��-
C. RESOLUTIONS FOR ADOPTION
5. RESOLUTION 1 _ 013 -89 - A ES ''IITION (kY INTENTION TO RENEW THE
NEWPORT BCH `TOURISM B ESS IMPROVEMENT DISTRICT. [100 -2013]
a) Adopt Restfiition N4. 2013 -89, A - solution of the City Council of the City of Newport
Beach Declah g its m ention to Rene ' . he Newport Beach Tourism Business Improvement
District and Fi th Ym e and Place ..' f a Public Meeting and a Public Hearing Thereon
and Gi otice' e ct U City Clerk to provide notice of the public meeting
a c mg required "`K alifornia Streets and Highways Code. Council
ember Daig doted on this item.
411 'C aj
pr, -,
D. CS CTS AND AG -� EMEN"
i �
6. SURWT RIDGE PARK - AWARD OF CONTRACT NO. 3449. [381100 -2013] a) Approve
the fm�ark desig and the project plans and specifications; b) award Contract No. 3449 to
Environmeal Co.�rtti3truction, Inc., for the total bid amount of $5,214,820.00' and authorize
the Mayor e,$lie City Clerk to execute the contract; c} establish a contingency of
$520 000.00 (aYOximately 10 °l0) to cover the cost of unforeseen work; and d) terminate the
Access Agreement (C -4503) between the City of Newport Beach and Newport Beach Banning
Ranch, LLC regarding Sunset Ridge Park approved by City Council on March 23, 2010.
7. MARINA PARK PROJECT - MARINA BASIN CONSTRUCTION INCLUDING
DREDGING, BULKHEADS, GRADING AND SOIL REMEDIATION (BID PACKAGE
2) - AWARD OF CONTRACT NO. 3897(B) (CAP09- 0070). [381100 -2013] a) Approve the
project drawings and specifications, b) award Contract No. 3897(B) (Marina Park Project -
"Marina Basin Construction Including Dredging, Bulkheads, Grading and Soil Remediation ")
to Dutra Construction Company, Inc. ( Dutra) of San Rafael, California, for the total bid price
of $4,576,079.00 and authorize the Mayor and City Clerk to execute the contract; and c)
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E.
establish a contingency of $457,607.00 (10 %) to cover the cost of unforeseen work.
9. EXTEND PLANNING STAFF SERVICES CONTRACT WITH MIG, INC. (C- 5496).
[381100 -2013] a) Extend the term of the contract with MIG, Inc. to June 30, 2015, for a not -
to- exceed amount of $400,000 for the entire two -year term of the contract, and authorize the
Mayor and City Clerk to execute the amendment to the Agreement; and b) approve a Budget
Amendment No. 14BA -027 to increase expenditure appropriations in the Planning Division's
Professional & Technical Account, 2710 -8080, by $90,000 for FY.,2013.2014 from the General
Fund unappropriated fund balance.'`
10. TEN -YEAR LEASE AGREEMENT BETWEEN T.. OF NEWPORT BEACH
AND THE GALLEY CAFE LOCATED AT 829 I]A%il#R ISLAND DRIVE (C- 5674).
fr
[381100-2014 a) Approve The Galley Cafe to conji�ue as tliHI�•ood services operator in the
restaurant premises at the Balboa Yacht Basin.., approve a wadr of City Council Policy F-
7 based on the findings contained in the staff Teport; and c) auth. i[*lze the City Manager to
execute a new Lease Agreement in substa it t same form in tlNkaff report with The
Galley Cafe.',y;
11. AMENDMENTS TO PROFESSIONAL S', VICES AGREEMENTS WITH GLENN
LUKOS ASSOCIATES, INC. -5117) AND T DESIGN, INC. (C -3766) FOR SUNSET
RIDGE PARK - CONTRA PTO. 3449 (C 9-0076). [381100 -2013] a) Approve
nT%
Amendment No. 1 to ProfessionA: 1 e,es AgKeeme%f ith Glenn Lukos Associates, Inc. to
provide additional biological sex•vis�es rel'aIlyto the SUfisgt Ridge Park project at a not -to-
exceed cost of $232,790 and authorize the Ma'. €:and City`. :lerk to execute Amendment No.
1; and b) approve amendment No. £ o r a' vices Agreement with EPT Design,
Inc. for additionalaa`'`x "t�oape design s8 vic�pe as required. y the CDP special conditions for the
Sunset Ridge Perk prol'ect at a not -t¢, teed cost of $49,830 and authorize the Mayor and
City Clerk tQ' ecute Aiixendment No. 8
12. .4QUARTERL
,,{P[100-20131 R
REPORT (QBR) - APRIL THROUGH
2013.
14. CV ARTS %GRANTS' - 2013/2014. [100 -2013] Approve recommended recipients
for 6`3;.2013/14 Cult&al Arts Grants as selected by the City Arts Commission in accordance
with G�r.Council Picy I -10 - Financial Support for Culture and the Arts.
.� p s
15. EXTEND il OF THE LAND USE ELEMENT AMENDMENT ADVISORY
COMMITTEE [100 -2013] Adopt Resolution No. 2013 -90, A Resolution of the City Council
of the City of Newport Beach Extending the Term of the Land Use Element Amendment
Advisory Committee to December 31, 2014.
Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to approve the Consent
Calendar, except for the items removed (8 and 13); and noting the abstention by Council Member Daigle to
Item 1, the recusal by Council Member Selich on Item 3, the no vote by Council Member Gardner on Item
4, and the no vote by Council Member Daigle on Item 5.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
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Member Selich, Council Member Henn, Council Member Daigle
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR
8. GEOTECHNICAL AND WATER QUALITY MANAGEMENT PLAN REVIEW - APPROVAL
OF AMENDMENT NO. 1 OF THE PROFESSIONAL SERVICES AGREEMENT WITH
BAGAHI ENGINEERING (C- 5526). [381100 -20131
Council Member Petros noted that staff has evaluated the proposalsiid acted proper in awarding
the contract to Bagahi Engineering. Regarding the schedule ofyiih check fees in their scope of
work, he expressed concern that fee escalations for 2014 and 15 are 6% or greater from 2013.
Although he believed that Bagahi Engineering is the proper Y(on, he asked staff to renegotiate
this and, if there is an escalation, it is tied to ENR or CPI a mor ": keeping with Council Policy.
to the January 14, 2014 City Council meeting.
Community Development Director Brandt in
to revise the fee escalations for the second and ill
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Count
Member Selich, Council Member
13. PUBLIC MEETING ON THE
TOURISM BUSINESR, M
DISTRICT PLAN. [IQ20 l 1
Council Member
the issue.
Jim Mos . b5 rI 3i"
the Cpl ornia Streets
reak,ft relative to why
Diftgs (BIDs). He no
business trapped in t
the NBT is about.
testimony on
The motion carried
to continue the item
"staff will speak with gahi Engineering
of the contract.
Petros, Nior Pro Tem Hill, Mayor Curry, Council
OF THE NEWPORT BEACH
(NBTBID) MANAGEMENT
that the inteiW, of this agenda item is to receive public testimony on
f flie`ter has not been made clear. He referenced a copy of
Code included in the staff report and encouraged Council to
thought there was a need to create Business Improvement
oader purpose of promoting tourism is to revitalize struggling
business districts which he believed does not describe what
to receive public
of the NBTBID's Management District Plan.
following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn
Noes: Council Member Daigle
X1I. PUBLIC COMMENTS
Jim Mosher corrected misstatements he has made over the year relative to his suggestion that there
should be a Council Member on the Board of the Tourism Business Improvement District and his reference
to taxes when he should have said "fees." However, he believed that whenever public revenue is being
spent, close, public oversight is important. He also stated that he is not against the Boat Parade, but
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believed that, prior to committing public monies, the City should ask for some accounting of how the
money will be spent and assurance that the event needs the money to exist. Additionally, he stated that
there is an incorrect impression that he is against Girl Scouts, but intended to say that there are a number
of worthy organizations operating in Orange County and wondered when the City commits to offering
them a piece of property for $1 a year for the next 50 years, if all organizations are being treated
equitably.
George Schroeder commented on Council's approval tonight of two park projects for the west side and
thanked Council and staff for their efforts. He invited those interested in th I rojects to attend Speak Up
Newport on January 8, 2014, in the Civic Center Community Room whe discussion will be about how
parks make life better. He wished everyone Happy Holidays and thank ayor Curry for his service.
F
XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE I , TES
Mayor Curry reported that the Association of Orange Coun Citoes held a kshop in conjunction with
�' .
the American Civil Liberties Union (ACLU) about aitdetezioration of p' c comments in many
surrounding cities. He stated that the City is blessed at its�blic comment pe d is always decorous
and on topic.
Council Member Daigle reported that she chairs the
ff
ble Housing Task Force and noted that the
City will be repealing its Inclusionary Zoning Ordinance. ,cslarified that the City has a fund balance of
$4.3 million to construct, affordable housings the regional uirement for the City is five units. She
stated that the City will be able to meet to and has t .aneans to do so without keeping the
Ordinance in place.
Council Member Selich reported that the Land e ElemiAin erit Advisory Committee (LUEAAC)
met on December 3, 2013, an d reviewing ours for the L Use Element. He announced that
the Committee was unable,, revive all of the ties, so a special meeting has been scheduled for
December 16, 2013, at 3:30m. in tle Friends Roo of the Central Library.
Council Member Petros repo%
December 2, 2013gei
i ..:k...
. Caltrans was al# at e ' ce
Council "fiber Petros reporte
2014, the ill be aggressive
contact him r ding plans for
Mayor Curry repo ' attend
the City is moving fo "" d on
as other amenities.;,
XIV. PUBLIC HEARINGS
Bicycle ster Plan Oversight Committee (BMPOC) met on
f f ,, ities in the City. He noted that James Pinera of
Facilf'"W
� 2at were being talked about are owned by Caltrans.
walk - through of Cliff Drive Park and stated that, by Summer
tinting, and repair at the Park. He encouraged residents to
Park.
he groundbreaking ceremony, today at Sunset Ridge Park, noting that
13.7 acre park that will provide baseball and youth soccer fields, as well
16. MIRAMAR DRIVE CODE AMENDMENT (PA2013 -211) - 2022, 2026, 2032, 2034, 2038, AND
2042 MIRAMAR DRIVE. [100 -20231
Associate Planner Murillo provided a PowerPoint presentation to discuss the proposed Code
Amendment, location of the subject properties, typical alley setbacks, existing encroachments, and
recommendations.
Mayor Curry opened the public hearing. There being no testimony, he closed the public
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December 10, 2013
hearing.
Motion by Council Member Henn, seconded by Council Member Selich to introduce
Ordinance No. 2013.29, An Ordinance of the City Council of the City of Newport Beach Adopting
Zoning Code Amendment No. CA2013 -006 to Change the Rear Alley Setback From 6 Feet to 0 Feet for
Six Properties on Miramar Drive (PA2013 -211), 1) finding that the amendment is categorically
exempt under Section 15305 of the California Environmental Quality Act (CEQA) Guidelines - Class
5 (Minor Alterations in Land Use Limitations) and 2) approving Code Amendment No. CA2013 -006,
and pass to second reading on January 14, 2014. l
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros,
Member Selich, Council Member Henn, Council Me
XV. MOTION FOR RECONSIDERATION - None
XVI. REORGANIZATION
A. ELECTION OF MAYOR.
The City Clerk, in presiding, placed
elect.
Council Member Henn nominated
Interested parties were i0iiffid to address
wished to speak.
nominations for Mayor
The mot p06W .6' 1`
Ayest`::-'zouncil Member
%Aty,
y�: Curry, Council M
Without'8bjection, Cou
2013 -2014:
Mayor Hill took` fsprc
B. ELECTION OF MA
of the
her
Tem Hill, Mayor Curry, Council
on an equal basis to nominate and
was no member of the public who
to close
Member Petros, Council Member Hill, Council Member
cil Member Henn, Council Member Daigle
was elected as the Mayor of the City of Newport Beach for
at the Council dais.
PRO TEM.
Mayor Hill, in presiding, placed all members of the Council on an equal basis to nominate and elect.
Council Member Curry nominated Council Member Selich for Mayor Pro Tem.
Interested parties were invited to address the City Council. There was no member of the public who
wished to speak.
Motion by Council Member Gardner, seconded by Council Member Curry to close
nominations for Mayor Pro Tem
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City Council Minutes
December 10, 2013
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Mayor Hill,
Council Member Selich, Council Member Henn, Council Member Daigle
Without objection, Council Member Selicb was elected as the Mayor Pro Tom for the City of Newport
Beach for 2013 -2014.
Mayor Pro Tem Selich took his proper place at the Council dais.
C. SEATING ARRANGEMENTS FOR CITY COUNCIL.
The Council Members decided on the seating arrangeme%0faree Council dais with the senior
Council Members having first preference. The following s mg or(%Avas determined (left to right):
Gardner - Petros - Selich - Hill - Curry - Henn -
D. REMARKS.
Presentation of the Gavel Plaque to
On behalf of Council, Mayor Hill pre ed a gave] plaque to outgoing Mayor Curry and thanked
him for his leadership and service tc th '�
Outgoing Mayor Remarks
Outgoing Mayor Curry t1;g, d his Counc c011e448 for t ie rpportunity to serve and commented
positively on the co> iiuni He hstedexip Yestones reached this past year, including the
inauguration of the Civio'Center. He need challenges, like the realignment at the State level
to release County y oners, maintaining safef, and reducing crime. He reported that, for the third
year in a row, there �9s be a decrease m one in the City because of the great work of the
Newport Beach Ponce G port Beach. Fire Department. He commented on
reductio �Yi "sl and i`iorted that sta£?s stepped up to do more work and is doing a great
fi '
job. I�g?� so emphasiz`��that ,ff is a contributing factor to the success of the community.
Ord 7ng Mayor Curry ' %anked Katy Manager Kiff for his leadership, and also thanked the
Management team and Cagy staff. `Ve reported that the City finished 2013 with a $12 million
surplus;` serves are at a Igistoric high of $130 million, the City's assessed valuation went up 5.3%
because of';,the private etor investments in the City, hotel taxes are at an all-time record high,
and City tou pay erll�ugh money to support the Library Department and the Parks and
Recreation Deparent,mbined. $e added that the City maintains its AAA bond rating and took .
the difficult decisia tiutsource trash services at a savings of $3.8 million over the next seven
.;.
years. He reported or} =£he Harbor dredging project, noted the groundbreaking of Sunset Ridge Park,
and stated that the City will break ground on Marina Park within a few weeks. He also recognized .
that the Balboa Boulevard beautification project is underway and commented on the Sanitation and
Water District's accomplishments. He addressed the City's economic vitality, the ExplorOcean
facility, revitalization of the Balboa Theater, the hotel project at the old City Hall site, revitalization
of the airport, reforming of the City Charter, implementation of new arts programs, updates to the
General Plan, reductions in copiers and use of paper, development of a new mobile app, and the one-
stop shop Community Development counter. He addressed pension reform and thanked City
employees for their cooperation and partnership.
Outgoing Mayor Curry noted that these efforts have been due to the entire City Council and
expressed his appreciation for everyone's contributions. He wished Mayor Hill all the best.
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December 10, 2013
Remarks from New Mayor
Mayor Hill thanked Council for electing him as Mayor and the citizens who elected him to Council.
Be reported that it is an honor and pleasure to serve as Mayor of Newport Beach. He thanked his
wife, Linda, for her patience and support, and also acknowledged his family. He discussed his
background and experience and stated that he will strive to be better and continue to focus on
important issues, such as the airport, providing quality municipal services while containing the
growth of government, keeping bay and ocean waters clean, promoting the City to compatible
markets worldwide, and providing parks and special places for sen}dks. He stated that individuals
that make up the City's Police and Fire Departments are the be`of- the -best and spoke positively
about City management and staff.
Mayor Hill thanked his Council colleagues and the
his help. He noted his intent to lead and celebrate
to begin the celebration process, including a wine e
2014, at the OASIS Senior Center from 3:00 p
learn more about the quality senior servicei zop�ro,
January 17 through January 26, 2014. He as�xx
and the many others that will take place througho4
a reception at Back Bay Bistro at the Dunes after ti.
XVII. ADJOURNMENT - Adjourned at 6:35
Wynn
The agenda for the Regular Meeting was
website; on December 6, 207Ak`" , 4:20 p.m.
the entrance of the City nei ° hamber
at 4:10 p.m. in the M ing A nda Bi
Chambers at 100 Civicpter D _ ve.
City Clerk
ed former' ief
2ty f o£ Staff, Alan Limon, for
's success , nd announced two events
cheese gathering' \his on January 15,
4:31 ' m. where tity is invited to
°€ by the City, af Newport from
dents to join him e at both events
ze ye ar. He also announced that there will be
until meeting.
Earl Fusselman and Robert
necei 5,`2013, at 4:20 p.m. on the City's
MY Hall E tronic Bulletin Board located in
Civic Center Drive; and on December 5, 2013,
sated in the entrance of the City Council
Recording Secretary
Mayor
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