January 17, 2012 Draft Minutes

City Council Meeting Date: February 21, 2012

Agenda Item #6

Approval of Minutes of Meeting Held on January 17, 2012.

 

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MEETING MINUTES

 

CLOSED SESSION/REGULAR MEETING

LIVINGSTON CITY COUNCIL

JANAURY 17, 2012

A Closed Session/Regular Meeting of the Livingston City Council was held on January 17, 2012, in the City Council Chambers with Mayor Espinoza presiding.

CLOSED SESSION

CALL TO ORDER

Mayor Espinoza called the meeting to order at 5:33 p.m.

ROLL CALL

 

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra

Mayor Espinoza opened the meeting for public comments. There were no comments from the public. The Council subsequently adjourned to Closed Session at 5:34 p.m. to discuss the following matters:

1. Public Employee Appointment

(Government Code Section 54957)

Title: Chief of Police

 

2. Conference with Legal Counsel—Potential Litigation

[(Government Code Section 54956.9(b)(1)]

Number of Cases: 2

3. Conference with Real Property Negotiator

(Government Code Section 54956.8)

Property: APN Numbers: 046-250-006, 046-250-12, 047-090-12,

047-090-18, 047-090-19, 047-090-24; and 047-200-004

Negotiating Party: Jose Antonio Ramirez, City Manager

Under Negotiation: Terms, Lease of Property

 

4. Conference with Labor Negotiator

(Government Code Section 54957.6)

Agency Negotiator: City Manager Jose Antonio Ramirez

Employee Organizations: All Represented City Employees

OPEN SESSION

The Council came out of Closed Session to begin the Regular Meeting.

REGULAR MEETING

CALL TO ORDER

Mayor Espinoza called the meeting to order at 7:22 p.m.

PLEDGE OF ALLEGIANCE

The pledge of allegiance to the flag was recited.

ROLL CALL

 

Mayor Rodrigo Espinoza

Mayor Pro-Tem Margarita Aguilar

Council Member Frank Vierra

Council Member Theresa Land

Council Member Gurpal Samra

CLOSED SESSION ANNOUNCEMENTS

No announcements were made.

CHANGES TO THE AGENDA

Council Member Samra requested that consent agenda items 3 and 5 be pulled.

Council Member Vierra requested that consent agenda items 2 and 7 be pulled.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

None.

GRANT ANNOUNCEMENTS

None.

ANNOUNCEMENTS AND REPORTS

Supervisor John Pedrozo Announcements and Reports.

Supervisor John Pedrozo reminded the Council of the town hall meeting which will be held in the City Council Chambers on January 19th starting at 6:30. He gave an update on the high-speed rail project. Supervisor Pedrozo commented that he has been working on designated truck routes and meeting with the highway patrol office and local sweet potato growers. His office received a letter from the Sober Grad Committee and he will be donating again this year.

City Staff Announcements and Reports.

Acting Police Chief Chris Soria gave a presentation and provided statistics of police activities within the City.

Public Works Superintendent Kathryn Reyes shared that the Christmas tree pickup is still in progress as well as the pickup of brush piles. She noted that rain is expected in Livingston and asked that residents check gutters for leaves. Superintendent Reyes also gave an update on park signs.

Community Development Director Donna Kenney gave a report for Recreation Superintendent Jacquie Benoit who was detained. She announced that basketball is up and going and baseball signups are starting on Saturday, January 28th.. Also, class instructors are needed for Folkloric and Hip Hop dance.

City Manager Announcements and Reports

City Manager Jose Ramirez reported that the City has started the tax sharing agreement negotiations with Merced County. He commented that there has been a lot of interest in retail as well as multi-family housing. City Manager Ramirez announced that there will be an economic summit on February 23rd from 11:00 a.m. to 1:30 p.m. at the Merced County Fairgrounds. In reference to the community garden, City Manager Ramirez commented that the City is still in support of the project and there is irrigation tape and nozzles waiting at City Hall for pickup. He looks forward to continue working with the 4th of July Committee and is working on an agreement to include a sweet potato festival as well.

City Council Members’ Announcements and Reports.

Council Member Frank Vierra asked if PG&E is finished with their work on B Street.

City Engineer Nanda Gottiparthy gave an update on the project.

Council Member Theresa Land announced that the City has a new business, Fresh Healthy Café located in the Travel Centers of America. They have smoothies, paninni’s and wraps and other healthy food choices. She reported that the Court Theater Committee is having a Bunko Bash fundraiser on February 4th at the Veterans Hall. The cost is $20 and includes lunch. Council Member Land wished her husband Kevin a happy anniversary.

Council Member Samra asked for someone to give an update on the Planning Commission.

Community Development Director Kenney reported that the commission welcomed back Luis Flores who was re-elected as Chair. The Planning Commission also reviewed the Conditional Use Permit (CUP) for the Mike Sperry project. They approved the project 5-0 and included additional conditions that the former Tequila Club didn’t have, for example more security. Also the CUP was approved for the Taco Bell drive thru use.

City Manager Ramirez asked Director Kenney to explain the appeals process and how that works.

Director Kenney gave an explanation on how the appeals process works.

Mayor Pro-Tem Margarita Aguilar announced that downtown Merced is having their first Art Hop, January 21st from 5:00 p.m. to 9:00 p.m. She also wanted to make it clear that the City Council does support the 4th of July Committee and the Committee will be meeting every second Monday of the month. She asked that those who wish to volunteer to please do so, the doors are open.

Mayor’s Announcements and Reports.

Mayor Espinoza announced that the City needs volunteers to help run the camera system for Council meetings. This would be a volunteer position; therefore, he asked that anyone interested should contact City Hall.

PUBLIC HEARINGS

1. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Pre-zoning the Gallo Project Northwest of Vinewood and Robin Avenues.

Community Development Director Kenney presented the agenda item.

Michael Minkler, representing the law firm of Meyers Nave provided clarification on the action of the evening.

Mayor Espinoza opened the hearing for public comment at 7:58 p.m.

Frank Borges, representing Mr. Gallo shared the background as to how we got here. He stated that this is a pending application for pre-zoning and annexation for designated land uses and goes back to 2004. They are bringing it forward now because of recent interest in the use of industrial land along Highway 99. He believes this is an opportunity for job creation in Livingston.

Frank Palomino, 593 Elmwood commented that he is familiar with the projects within the county; he has been talking to people who are included in this project. He knows that the people who are working on this project are very diligent. He believes we need to bring jobs to the whole county which is very important to him.

Doug Wells, 16508 W. River Road stated the City of Livingston does not recognize that this rezoning will result in a significant impact. They are not doing their due diligence. Currently when you come into town you hit congestion at B Street. There is a project proposal before the county from E&J Gallo Winery which calls for a 17% increase in production and it will be a three-year construction project. Mr. Wells noted that the county did approve the CEQA study and mitigated negative declaration like we are talking about here. We will need road improvements at Robin and Vinewood.

Luis Flores, 707 Almondwood Drive stated that we are lacking infrastructure at this area, poor road quality. There is no formable vision or real concrete plans. He also did not appreciate how the Special Planning Commission meeting was held during the holidays when he was gone.

Colette Alvernaz, P.O. Box 255 stated that E&J Gallo is putting a lot of money into the road on Vinewood and River Road. She added that the City cannot afford to recognize that there is a significant impact on transportation traffic that cannot be mitigated without doing an in-depth study of the transportation of this area. She had some questions about the project. Is it a 1997 EIR you are using with the General Plan? Also thank you for addressing the 42” pipeline. To her knowledge there is no environmental review on that pipeline.

Director Kenney responded that this project is being reviewed under the 1999 General Plan and EIR. The master plans that are being used were approved in 2007 and located with the General Plan on the City’s website.

In regards to the 42” sewer line Mayor Espinoza noted there was no exception to CEQA.

Director Kenney clarified there is a Notice of Exemption done in 2004 for the pipeline. It is not on this project site, it is south of Vinewood and the project is north of Vinewood. The pipeline status is that it is not hooked up to anything and in the foreseeable future, it will not be hooked up to anything. It was intended to service development south of the City for Ranchwood, and those projects are no longer moving forward.

Mayor Pro-Tem Aguilar added that maybe Director Kenney meant January 20th at 5:00 p.m. and not the 21st as a comment deadline, but maybe she was wrong. Therefore would we have the extra days until the 23rd?

Director Kenney added that she might have said the 20th, but didn’t have the document with her. Discussion ensued and it was determined Monday, January 23rd is the deadline for submitting comments on the Gallo MND.

Public Works Superintendent Reyes gave an update on Well 16; it is a permitted well. The City does have a current permit to produce water and the state has not threatened to intervene. There is an arsenic removal system on that well and Public Works will be spending the next few months changing out the filter media. She stated the well is in good standing.

Amanda Carbajal, Merced County Farm Bureau, asked for clarity on the deadline date. She noted the date shown is the 21st and if it is Saturday then it should go through to Monday. She also submitted a letter on behalf of their attorney and said the Farm Bureau will come back with further details explaining their views. Ms. Carabajal clarified that some people believe that they are in opposition of this project and that is not the case, they are concerned with the project itself. She addressed the original land use in the 1999 General Plan that has 153 acres of low density housing, 75 acres commercial and 12 acres for public use. She noted that in the staff report the 42” sewer line is mentioned and she didn’t think there was any relevance to that. She asked when the sewer line was certified. She pointed out that the staff report says proposed and the PMC report says already completed.

Mayor Espinoza closed the hearing at 8:34 p.m. as there were no further public comments.

Council Member Land noted that she has not seen the letters and would like to see them.

Council Member Vierra commented that in the first map submittals there was an open space buffer shown from Vinewood to the river so people can walk and enjoy it.

Mayor Espinoza said that he agreed with that. He believes that there needs to be a buffer zone along the north side, so could you please take that back to Mr. Gallo. In regards to the industrial, lots of people would like to have jobs; therefore, the Council needs to look at those concerns.

Community Development Director Kenney explained that this is an annexation and pre-zone and if this project is annexed into the City, Council will review tentative map, site plan/design review and conditional use permit applications with environmental analysis. The tentative map and site plan will show details like buffer zones. This project is only bringing the land into the City limits.

Council Member Vierra commented that the main thing is that Mr. Gallo knows that the Council has these concerns.

City Attorney Sanchez added that what is before you tonight is the actual ordinance for the pre-zone and this is the introduction of it and waiver of the first reading, not the adoption of the ordinance.

Motion: M/S Samra/Aguilar to introduce and waive the first reading of an Ordinance of the City Council of the City of Livingston Pre-zoning the Gallo Project northwest of Vinewood and Robin Avenues. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

CITIZENS COMMENTS

Katherine Schell Rodriquez, P.O. Box 163 raised a question in reference to the river for the Gallo project. She asked will the City be moving sewer ponds away from the river or just repairing the broken levee. She also referenced the Request for Proposals (RFP) that was sent out for the selection of a utility rate consultant and noted that according to the RFP that she looked at, the actual selection of the consultant was supposed to happen on January 24th, with the contract being awarded on February 7th, so how many proposals were received and which firms turned in a proposal. Ms. Schell Rodriguez commented that she is still interested in how many applicants for police chief there were and how close to a decision we are. How many grants applications are out, and what are they for? How many consultants do we have working for the City other than SNG and PMC, and who are they?

City Manager Ramirez responded that the City received three proposals for the rate consultants and the decision has yet to be made. City staff is taking the three proposals in addition to the feasibility proposals to the Stakeholders Committee and sharing that information with them. He added that in regards to the police chief, the City received 7 or 8 applicants and we are down to two and very close to making a decision.

Juan Martinez, Mulberry Avenue, Atwater gave information and explained a fundraising project for non-profit organizations he is working on in Merced County.

Colette Alvernaz, P.O. Box 255 commented that she spoke at the recent planning commission meeting. The City of Livingston is planning for the future and you forgot agriculture. There is no ag representation here. She noted her farm is 100 acres and she recently prepared 53 W2’s. She said some of the workers are full-time employees, but most are seasonal. A lot of good quality workers – agriculture is important to our community.

City Manager Ramirez responded that he understood that agriculture is the back bone of this community. In the visioning process, we talked about food safety, we talked about local farmers participating in a downtown farmer’s market, and water conservation. He appreciated Mrs. Alvernaz coming and letting us know her concerns. City Manager Ramirez added that this is a living breathing document and Mrs. Alvernaz’s comments will be incorporated into that document.

Mayor Espinoza added that he is still a farmer and he currently harvests hundreds of acres. He also noted that California is really invested in agriculture and it is truly a benefit for the whole country.

Mario Mendoza, no address given, expressed concern that during the last couple of months he has received five parking tickets in front of his house on a court. He went to get his vehicle registered and couldn’t because he had unpaid tickets. He believes that it is wrong that our officers are issuing tickets at 2:00 in the morning. They are here to serve and protect, but they are really overdoing it.

Eleazar Magaña Salinas, 1408 Brandy Court stated in Spanish, “The problem is that too many people live in that small court and we have too many cars. There is not enough parking space so we park our cars straight (bumper to curb) so the vehicles all fit. We got four parking tickets. One of my vehicles did not have license plates because I was getting the transmission repaired and now that it has been repaired, the car gets towed away. We also have a Cadillac that was involved in an accident and the license got suspended until we fixed all the paperwork at DMV because it is salvaged.”

Mayor Espinoza replied (in Spanish) that he spoke with Interim Chief of Police Chris Soria about this, and he said he was going to speak with the police officers and they were not going to issue anymore citations. Anyway, it is the law to park properly. He understands that sometimes there is not enough room for all the cars.

Mr. Salinas, in Spanish asked about a DMV regulation that states the police should not take vehicles away if someone doesn’t have a driver’s license. A vehicle just got taken away from them last Monday.

Luis Flores, 707 Almondwood Drive announced that he is part of the UC San Joaquin Valley alumni network in Merced County and they are having a catered reception January 26th at 5:30 p.m. at UC Merced. They want to honor Merced County educators who have made an impact on Merced students in Merced County. He would like to have some Livingston educators there, so he told Council Member Vierra and Mayor Pro-Tem Aguilar who work in the education system if they would like to go it is free. You would have the chance to meet the new Chancellor, and it is really great that she is coming out for our event. He also asked if there was an update on the Gilton contract.

Mayor Espinoza responded that we are working on it.

Julio Valadez, P.O. Box 701 asked if the funds that are being collected by the contracted agency handling our parking citations are kept by them.

Mayor Espinoza responded that he would look into that.

Mr. Valadez commented that the courts that were brought up earlier were not planned out right. They are so small. He asked if there was anything that could be changed to allow them to park that way. He also wanted to know what it would take to recognize the football community.

Mayor Espinoza responded just let us know.

Mr. Valadez added that those folks associated with the football program put in a lot of hours with the kids. These people should be given some recognition. He asked Council Member Vierra about the Key Club members and that he has asked them to be involved in some activities that he is involved with and has heard nothing back.

Council Member Vierra explained the Key Club process that the club members vote on the activities they will participate in.

CONSENT CALENDAR

2. Resolution Accepting the Proposal Submitted by Telecion Communications Group to Provide Shoretel Telecommunications Service Contract, Awarding a Professional Contract to Telecion Communications Group and Authorizing the City Manager to Execute the Service Agreements with Telecion Communications Group for Telecommunication Services at City Hall, Police Department, Public Works and Fire Department.

Pulled for discussion.

3. Resolution Accepting Submittal of a Proposition 84 Grant Application to Construct the New Court Theater, Office Buildings and Downtown Parking Structure; Prepare a Downtown Master Plan and Form-Based Zoning Code; and Provide Passive Recreation Activities at the Merced River.

Pulled for discussion.

4. Resolution No. 2012-3, Authorizing the City Manager to Sign a Support Letter to Participate in the Southwest Solar Transformation Initiative Program.

5. Resolution Accepting the Dedication of Lot “C” and Water Well Improvements (Well No. 16) on Lot “C” of Country Lane Subdivision as Shown on the Final Map for Country Lane Subdivision and Authorizing the City Manager to Release the Surety Bonds for Water Well Improvements by Livingston Country Lane, L.P., a California Corporation.

Pulled for discussion.

6. Resolution No. 2012-4, Awarding Purchase Contracts to N&S Tractor Company, Merced, CA, Holt of California, Turlock, CA and Mission Valley Ford, San Jose, CA, Approving the Expenditure of Funds for the “CMAQ – Purchase Four (4) Replacement Heavy Duty Vehicles for Construction Activities” and Authorizing the City Manager to Execute Purchase Contracts with Respective Companies and any Change Orders Thereto.

7. City Council Designation of Equipment/Property as Surplus and Authorizing Staff to Dispose of Property Appropriately.

Pulled for discussion.

8. Approval of Warrant Register Dated January 11, 2012.

City Engineer Gottiparthy noted a correction to item 6 relating to costs.

Motion: M/S Land/Espinoza to approve consent agenda items 4, 6 as corrected, and 8. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

City Manager Ramirez presented item 2.

Council Member Vierra asked if the new phone system was an unbudgeted item and noted that this is mid-year and he would like to see a mid-year budget before considering the item.

City Manager Ramirez explained that there are funds budgeted for the phone system and that this system will result in a savings to the City as it will include the public works, police and fire departments.

Mayor Espinoza reiterated the City Manager’s comments that this system will be a savings and is already budgeted.

Council Member Land commented that if the City is going to be saving money and the system is more productive, it is a win-win situation.

Mayor Pro-Tem Aguilar commented that all departments will now be connected and more united in helping each other out. She also noted that the trade in of the old phones would result in a rebate. Mayor Pro-Tem Aguilar commended the City Manager for working hard and constantly looking at where he can find a better deal and save money.

Council Member Samra added that the City is getting the best deal possible and he has looked at the equipment and it is good equipment.

Motion: M/S Espinoza/Aguilar to adopt Resolution No. 2012-5, Accepting the Proposal Submitted by Telecion Communications Group to Provide Shoretel Telecommunications Service Contract, Awarding a Professional Contract to Telecion Communications Group and Authorizing the City Manager to Execute the Service Agreements with Telecion Communications Group for Telecommunication Services at City Hall, Police Department, Public Works and Fire Department.

The motion carried 4-1 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar and Samra

NOES: Council Members: Vierra

ABSENT: Council Members: None

Community Development Director Kenney presented item 3.

City Manager Ramirez presented details about the grant.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-6, Resolution Accepting Submittal of a Proposition 84 Grant Application to Construct the New Court Theater, Office Buildings and Downtown Parking Structure; Prepare a Downtown Master Plan and Form-Based Zoning Code; and Provide Passive Recreation Activities at the Merced River.

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Vierra had a question on item 5 regarding Country Lane, L.L.P. He asked if they are still involved in this project and isn’t this the former Kishi property.

City Engineer Gottiparthy responded yes, there has been a change in ownership.

Council Member Vierra commented that there are a few signs that say lots for sale. He asked if the sale was going to be the whole tract and not just individual lots. He noticed the same over at the Mansionettes.

Mayor Espinoza commented that they had talked with Community Development Director Kenney today for clarification.

Director Kenney commented that the Municipal Code does not have a process for reviewing custom homes on single lots, so anyone proposing to buy a lot and build a single house would have to get Council permission to go through the site design review process. She made a call to the company and was told they would sell the whole block of lots not individual lots.

Council Member Vierra asked if they were still required to go through site design review if they are selling a block.

Director Kenney clarified that she meant the whole tract, the group, when she said the block of lots.

Katherine Schell Rodriquez, P.O. Box 163 said she would like more detailed information about the well and the improvements that have gone into the well.

City Engineer Gottiparthy explained that the developer was required to install the well and also install the required treatment equipment for arsenic. They have completed all the improvements and the well has been in use for over a year.

Roy Van Dorst, property owner, commented that the subdivision was built 5-6 years ago and most of the subdivision has been accepted by the City except for the well which wasn’t quite done at that point. He added the bank had foreclosed on the property and then bought and resold the property. Mr. Van Dorst said they looked at the property and thought it was a good deal and purchased the property through the foreclosure process, so again they are in ownership of it.

Motion: M/S Samra/Espinoza to adopt Resolution No. 2012-7 Accepting the Dedication of Lot “C” and Water Well Improvements (Well No. 16) on Lot “C” of Country Lane Subdivision as Shown on the Final Map for Country Lane Subdivision and Authorizing the City Manager to Release the Surety Bonds for Water Well Improvements by Livingston Country Lane, L.L.P., a California Corporation.

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

Council Member Vierra had a question on item 7. He noted that the last time the City surplused property, the Council was supposed to get a list on how much the items were sold for and they didn’t get it. He asked to get a list this time.

Motion: M/S Samra/Espinoza to approve consent agenda item 7. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

DISCUSSION AND POTENTIAL ACTION ITEMS

9. Resolution of the City Council of the City of Livingston Determining that the City of Livingston Has Not Forgiven Any Debt by the Livingston Redevelopment Agency Pursuant to Assembly Bill 936.

Mayor Espinoza asked the City Attorney if he was in conflict with this item and he indicated no.

City Attorney Sanchez presented the agenda item.

Motion: M/S Vierra/Land to adopt Resolution No. 2012-8, a Resolution of the City Council of the City of Livingston Determining that the City of Livingston Has Not Forgiven Any Debt by the Livingston Redevelopment Agency Pursuant to Assembly Bill 936. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

10. Resolution of the City Council of the City of Livingston Electing to Transfer All Rights, Responsibilities and Functions Related to Housing for the Livingston Redevelopment Agency to the City of Livingston.

City Attorney Sanchez presented the agenda item.

City Manager Ramirez commented that he is comfortable with the added language that the City Attorney’s office came up with because if the money doesn’t come with it then the City can opt out. We don’t want to put the City in a position where we have to address housing needs and there won’t be any money to actually carry it out. City Manager Ramirez added that because legislation is not completely clear, we have until the 31st if any additional information comes out. He said there is still a lot of information that is not currently available which makes him hesitant.

City Attorney Sanchez shared information on the language.

Katherine Schell Rodriquez, P.O. Box 163 commented that we talk a lot in detail about the legislation itself, but what are the responsibilities to the average person so she could actually comprehend it.

City Manager Ramirez gave an explanation.

City Attorney Sanchez added that this isn’t the last decision the City needs to make on it, there are more decisions to come.

Council Member Vierra commented that there was a large city in our county that voted not to do this, but he thought they owed a lot of money.

City Attorney Sanchez added that large cities are really struggling with this.

Motion: M/S Aguilar/Espinoza to adopt Resolution No. 2012-9, a Resolution of the City Council of the City of Livingston Electing to Transfer All Rights, Responsibilities and Functions Related to Housing for the Livingston Redevelopment Agency to the City of Livingston. The motion carried 5-0 by the following roll call vote:

AYES: Council Members: Espinoza, Land, Aguilar, Vierra and Samra

NOES: Council Members: None

ABSENT: Council Members: None

ADJOURNMENT

The meeting was adjourned by consensus at 10:02 p.m.

______________________________

City Clerk of the City of Livingston

APPROVED: February 21, 2012

______________________________

Mayor or Mayor ProTempore

The written meeting minutes reflect a summary of specific actions taken by the City Council. They do not necessarily reflect all of the comments or dialogue leading up to the action. All meetings are digitally recorded and are an official record of the meeting’s proceedings. Digitally recorded verbatim minutes are available, upon request, and may be obtained at Livingston City Hall.

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