MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California July 5, 2022
1. CALL TO ORDER:
Mayor/Authority Chair Bob Engler called the meeting to order at 6:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor/Aut hority Chair Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers/Authority Directors Bill-de la Peña, Adam, McNamee, and Mayor/Authority Chair Engler.
Absent: Councilmember/Authority Director Jones.
Also present in person and via video conf erence: City Manager/Authority Executive Director Andrew P. Powers, Chief Assistant City Attorney Patri ck Hehir, Assistant City Manager Ingrid Hardy, City Clerk/Authority Secretar y Cynthia M. Rodriguez, Finance Director/City Treasur er/Authority Treasurer Jaim e Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Re sources Director Tim Giles, Library Services Director Jennifer Patterson, Polic e Chief Jeremy Paris, Planning Division Manager Stephen Kearns, Deputy Public Works Director Nader Heydari, Senior Engineer Ayda Forouzan, Assistant City Attorney Tracy Friedl, Community Services Analyst Sarah Mailes, Community Develo pment Analyst Anna Huber, Associate Analyst Niki Richardson, Assistant to the City Manager Melissa Hurtado, Communications Manager Alexandra South, Deputy City Clerk Laura Maguire, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Sandra Delgado.
4. REQUESTS FOR CONTINUANCE OF AN Y PUBLIC HEARING OR AGENDA ITEM:
Mayor Engler announced Items 11.A. – Council on Aging and 11.B. – Youth Commission annual reports will be moved up to be heard following the Consent Calendar.
5. SPECIAL PRESENTATIONS:
A. Mayor Engler presented the Parks and Recreation Month proclamation to Conejo Recreation and Par ks District (CRPD) Chai r Susan Holt and General Manager Jim Friedl.
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MINUTES OF THE CITY COUNCIL/TOPFA
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6. PUBLIC COMMENTS:
Speakers: Suzanne Schmitz, Thousand Oaks.
City Manager Powers addressed public comments.
7. CONSENT CALENDAR:
(See Exhibit A for Consent Calendar Listing)
*11. COMMITTEE/COMMISSION/BOARD REPORTS:
8. PUBLIC HEARINGS: None.
9. STUDY SESSIONS: None.
10. DEPARTMENT REPORTS:
A. Council on Aging (COA) Annual Report presented by Rosanna Guerra, COA Chair, and Stephanie Belding, COA Vice Chair. Community Services Analyst Mailes available for questions.
Speakers/Written Statements: None.
Report received.
B. Youth Commission (YC) Annual Report pr esented by Catherine Xu, YC Chair, Riley Goodnight, YC Vice Chair, and YC Commissioners Jacqueline Emanuel and Camille Elasky. Community Services Analyst Mailes available for questions.
Speakers/Written Statements: None.
Report received.
A. Thousand Oaks Alliance for the Arts (TOArts) Operations and Programming Update presented by David Mead, TOArts Chair. Cultural Affairs Director Serret responded to questions. Associat e Analyst Richardson available for questions.
Speakers/Written Statements: None.
Report received.
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10. DEPARTMENT REPORTS: (Continued)
B. Conejo Canyons Bridge at Hill Cany on Treatment Plant Contract (CI 5527) presented by Deputy Public Works Director Heydari and Assistant City Attorney Friedl. Community Devel opment Analyst Huber responded to questions. Sr. Engineer Forouzan available for questions.
Speaker/Statement Cards: None.
Motion by Councilmember Bill-de la Peña to approve project design, plans, specifications, and Addendum No. 1; reject United Construction & Landscape, Inc., bid protest appeal dated June 21, 2022, and determine their bid as non- responsive; award construction contra ct to Beador Construction Company, Inc., in the amount of $2,155,300, plus contingency of $215,500; approve Fifth Amendment to Professional Services Agreement No. 11855-2018 with Stantec Consulting Services, In c., for Construction Phas e Support Services and Testing in the amount of $146,173 for a revised not-to-exceed amount of $358,607; approve Task Order No. 5 with Rincon Consulta nts, Inc., for Environmental Support Services during construction in the amount of $122,745; approve budget appropr iation in the amount of $1,632,000; $1,030,000 from A/C #001- 0000-311-1000 (General Fund, Fund Balance) to A/C #001-4410-671-8300 (CI 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant), $200,000 from A/C #512-0000-311-1000 (Community Recreation and Open Space Endowment Fund (CROSEF), Fund Balance) to A/C #512-4410-671-8300 (CI5527, Conejo C anyons Bridge at Hill Canyon Treatment Plant), and $402,000 from A/C #624-0000- 341-9900 (Wastewater Capital Fund – Net Position) to A/C #624-5310-682-8300 (C I 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant); authorize expenditure in the amount of $2,929,718 ($2,155,300 cons truction contract, $215,500 construction contingency, $146,173 Fifth Amendment for construction phase support services/ testing; $122,745 Ta sk Order for construction phase environmental services; $250,000 for Landscape/Habitat Restoration; $35,000 for Permitting and Inspection by Vent ura County Watershed Protection Agency; and $5,000 for City furnished s upplies and materials) for Conejo Canyons Bridge at Hill Canyon Tr eatment Plan (CI 5527), as follows:
$1,953,810 from A/C #001-4410-671- 8300, $200,000 from A/C #512-4410- 671-8300, and $775,908 from A/C #624-5310-682-8300; delegate authority to the City Engineer to approve changes in the design, plans, specifications and working details of the project on work directives and change orders up to the project approved contingency amount, carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
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10. DEPARTMENT REPORTS: (Continued)
C. General Plan Amendment Initiation (LU 2022-70587) presented by Planning Division Manager Kearns. Community Development Director Parker available for questions.
RESOLUTION DECLARING INTENTION TO CONSIDER AN AMENDMENT
TO THE LAND USE ELEMENT OF TH E GENERAL PLAN FOR THE LAND LOCATED AT 400 EAST ROLLING OAKS DRIVE AND WEST 355 WEST
JANSS ROAD AND ALLOWING CONCURRENT PROCESSING OF
ENTITLEMENT APPLICATIONS FOR CONTEMPLATED DEVELOPMENT
OF THE LAND LOCATED AT 400 EA ST ROLLING OAKS DRIVE (LU 2022- 70587: HOSPITAL CORPORATION OF AMERICA)
RES. NO. 2022-040
Speaker: Los Robles Health System CEO Natalie Mussi, Applicant.
Written Statements: None.
Motion by Councilmember Adam to adopt resolution to initiate a General Plan Amendment (GPA) to change the Land Us e Element category designations from Very Low Density Residential to Co mmercial for a 4.75-acre site located at 400 East Rolling Oaks Drive and fr om Institutional to Low Density Residential for a 2.145-acre site located at 355 West Janss Road; and authorize concurrent processing of legislative actions and project entitlements for a proposed project located at 400 East Rolling Oaks Drive; carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
D. Benefits and Compensation for Executive Managers presented by Human Resources Director Giles.
RESOLUTION ADOPTING CO MPREHENSIVE BENEFITS AND
COMPENSATION FOR EXECUTIVE MANAGERS AND RESCINDING
RESOLUTION NO. 2021-038
RES. NO. 2022-041
Speakers/Written Statements: None.
Motion by Councilmember Bill-de la Peña to adopt resolution amending the schedule of positions in the Executiv e Managers’ benefits and compensation resolution; carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 5 July 5, 2022
10. DEPARTMENT REPORTS: (Continued)
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS
REDEVELOPMENT AGENCY REPORTS: None.
13. COUNCIL ISSUES/RE COMMENDATIONS:
E. Retired Annuitant Appo intment presented by Human Resources Director Giles.
City Manager Powers responded to questions.
Speakers/Written Statements: None.
Motion by Councilmember McNamee to approve appointment of Jay Spurgin as a retired annuitant hourly employee; authorize expenditure from A/C #001- 5010-631-1210 (Public Works Temporary/ Hourly Employee/Regular Pay); carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
A. Compensation and Ninth Amendment to Employment Ag reement for City Attorney presented by Human Resources Director Giles.
RESOLUTION APPROVING COMPENSA TION AND NINTH AMENDMENT
TO EMPLOYMENT AGREEMENT FOR CITY ATTORNEY
RES. NO. 2022-042
Speakers/Written Statements: None.
Motion by Councilmember Adam to adopt resolution approving compensation and ninth amendment to empl oyment agreement for Cit y Attorney (Contract No. 9799-2012); carried 3-1 by the following vote: Ayes – Bill-de la Peña, Adam, and Engler; Noes – McNamee; Absent – Jones.
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 6 July 5, 2022
13. COUNCIL ISSUES/RECOMMENDATIONS: (Continued)
14. CITY MANAGER:
15. CLOSED SESSIONS REQUESTED:
Chief Assistant City Attorney Hehir announced closed session held at 8:03 p.m.
Chief Assistant City Attorney Hehir indicated no announcement anticipated.
16. PUBLIC NOTICES: Items listed under Public Notices are a matter of public record only. These items do not require City Council action.
B. Compensation and Sixt h Amendment to Employm ent Agreement for City Manager presented by Human Resources Director Giles.
RESOLUTION APPROVING COMPENSA TION AND SIXTH AMENDMENT
TO EMPLOYMENT AGREEMENT FOR CITY MANAGER
RES. NO. 2022-043
Speakers/Written Statements: None.
Motion by Councilmember Adam to adopt resolution approving compensation and sixth amendment to em ployment agreement fo r City Manager (Contract No. 11382-2017); carried 3-1 by the following vote: Ayes – Bill-de la Peña, Adam, and Engler; Noes – McNamee; Absent – Jones.
A. City Manager Powers provided an update on August 30, 2022, City Council meeting and announced City Council will be recessed until that date.
A. CONFERENCE WITH LEGAL CO UNSEL – Pending Litigation: Katelyn Clint vs. Fred Gessler and City of Thousand Oaks, Ventura County Superior Court Case Number: 56-2021-00551445-CU-PA-V TA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Pending Litigation: City of Thousand Oaks, et al. vs. California Regi onal Water Quality Board, Ventura County Superior Court Case Nu mber: 56-2021-00549601-CU-WM-VTA; Pursuant to Government Code Section 54956.9(a).
A. Notice of Pending Final Map – Approv al of Parcel Map LD 17-70069; Location:
301-343 South Moorpark Road; Develo per: DTR Los Robles, LLC and NKW Los Robles, LLC; Description: 5.29 Acre 7-Parcel Subdivision for condominium purposes.
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 7 July 5, 2022
17. ADJOURNMENT:
City Council adjourned at 9: 35 p.m. to Regular Meeting on Tuesday, August 30, 2022.
________________________________
Bob Engler, Mayor/Authority Chair
City of Thousand Oaks City Council
Attest:
_________________________________
Cynthia M. Rodriguez, City Clerk/Authority Secretary
City of Thousand Oaks City Council
AGENDA POSTED: July 1, 2022
MINUTES APPROVED: August 30, 2022
*indicates item taken out of order
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
CCD:610-60\dz\h:\common\minutes\2022\20220705.docx
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 8 July 5, 2022
EXHIBIT A
7. CITY COUNCIL/TOPF A CONSENT CALENDAR:
RECOMMENDATIONS FOR ITEMS A. THROUGH M. ARE TO APPROVE
RECOMMENDATIONS FOR ITEMS N. THROUGH P. ARE TO ADOPT
Motion by Councilmember Adam to approv e Consent Calendar with exception of Item 7.D. (City Manager Authority During Summer Recess) and Item 7. F. (Ventura County Farmworker Housing Study and Acti on Plan), carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
Chief Assistant City Attorney Hehir and City Manager Powers responded to questions regarding Item 7.D.
Motion by Councilmember Bill-de la Peña to approve Item 7.D., carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
City Manager Powers and Community Devel opment Director Parker responded to questions regarding Item 7.F.
Motion by Councilmember Bill-de la Peña to approve Item 7.F., carried 4-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Engler; Noes – None; Absent – Jones.
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify June 29, 2022; approve July 6, 2022, July 13, 2022, July 20, 2022, July 27, 2022, August 3, 2022, August 10, 2022, August 17, 2022, and August 24, 2022 subject to review and ratification.
B. Minutes of City Council meeting of June 28, 2022
RECOMMENDATION:
Approve.
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 9 July 5, 2022
7. CITY COUNCIL/TOPFA CO NSENT CALENDAR: (Continued)
C. 2022 League of Californi a Cities Annual Conference Business Meeting
RECOMMENDATION:
1. Designate Mayor Bob Engler Voti ng Delegate. Designate Councilmember Kevin McNamee and Mina Layba, Legislativ e Affairs Manager as Alternate Voting Delegates to represent City of Thousand Oaks at the 2022 League of California Cities Annual (Cal Cities) Conference Business Meeting scheduled for September 9, 2022.
2. City Clerk to affirm and to sign 2022 Annual Conference Voting Delegate Alternate Form and City’s Manager’s Office staff to submit to Cal Cities by September 2, 2022.
D. City Manager Authorit y During Summer Recess
RESOLUTION DELEGATING CERTAI N INTERIM AUTHORITY TO CITY
MANAGER
RES. NO. 2022-039
RECOMMENDATION:
Adopt resolution granting City Manager authority for designated actions during summer recess, July 6, 2022, through August 29, 2022.
E. Thousand Oaks Public Financ ing Authority Annual Update
RECOMMENDATION:
Receive and file annual update.
F. Ventura County Farmworker Housing Study and Action Plan
RECOMMENDATION:
1. Authorize City Manager to fi nalize and execute Memorandum of Understanding and relat ed documents in connection with the County of Ventura countywide Farmworker Hous ing Study, Action Plan, and $15,000 funding commitment from the City.
2. Authorize budget and expenditure in the amount of $15,000 from A/C #001- 0000-311-1000 (General Fund, Fund Bala nce) to A/C #001-4010-641-5699 FARM23 (Contracted Services – Other).
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7. CITY COUNCIL/TOPFA CO NSENT CALENDAR: (Continued)
G. Rancho Road Sidewalks and Bike Lanes Project (CI 5308) RECOMMENDATION:
1. Approve Change Order No. 4 to Contract No. 12656-2021 with Sully-Miller Contracting Company (Brea, CA), in the amount of $104,541.80 for a new not-to-exceed amount of $1,849,524.37, plus contingency of $15,000.
2. Approve Seventh Amendment to Prof essional Services Agreement No. 11302-2016 with Kimley Horn and Associat es, Inc. (Los A ngeles, CA), to provide additional design support services during construction in the amount of $38,000, for a revised not-to-exceed amount of $404,277.
3. Approve budget appropriation in t he amount of $157 ,550 from A/C #001- 0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310-631-8300 (CI 5308, Rancho Road Sidewalk).
4. Authorize expenditure in th e amount of $157,541. 80 ($104,541.80 construction contract Change Order No . 4 to Sully Miller Contracting Company, $15,000 additional construc tion contingency, and $38,000 (Seventh Amendment to Professional Services Agreement to Kimley Horn & Associates) for the Rancho Road Sidewalks and Bike Lanes Project (CI 5308) from A/C #001-5310-631-8300.
5. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and chan
ge orders up to the project contingency value.
H. Legal Services For Real Estate and Affordable Housing
RECOMMENDATION:
Approve the retention of Kane, Ballmer & Berkman to provide legal services relating to real estate transactions and affordable housing regarding the Hillcrest Property, in an amount not-to-exceed $100,000.
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MINUTES OF THE CITY COUNCIL/TOPFA
Thousand Oaks, California 11 July 5, 2022
7. CITY COUNCIL/TOPFA CO NSENT CALENDAR: (Continued)
I. Lawrence Drive and Teller R oad Project Budget (CI 5297)
RECOMMENDATION:
1. Approve $150,000 additional construction contingency for contract with Toro Enterprises, Inc. of Oxnard, CA (Contract No. 12967-2022) for Lawrence Drive and Teller Road Intersection Improvements project (CI 5297).
2. Approve budget appropriation and expenditure in the amount of $150,000 from A/C #001-0000-311- 1000 (General Fund, Fund Balance) to A/C #001- 5310-631-8300 (CI 5297, Lawrence Driv e and Teller Road Intersection Improvements Project).
3. Delegate authority to the City Engi neer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
J. Environmental Consulting Services
RECOMMENDATION:
1. Approve agreement with Envicom Corpor ation, Westlake Village, CA, for the preparation of an Environmental Impact Report (EIR) for the term July 5, 2022, to August 30, 2023, with a not-t o-exceed amount of $252,360 for the term of the agreement.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process for the preparation of an EIR for the proposed mixed-use development located at 2150 Hilcre st Drive and approve Envicom Corporation agreement pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize City Manager to execute professional services agreement subject to approval by the City Attorney once all terms have been negotiated.
4. Approve budget appropriation and authorize expenditure in an amount not- to-exceed $252,360 from A/C #001-4210-44 7-4000 (Charges for Services - Planning Fees/Permit) to A/C #001-4210-641-5947 (Contra cted Services, Reimbursable
).
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7. CITY COUNCIL/TOPFA CO NSENT CALENDAR: (Continued)
K. Water Shortage Support
RECOMMENDATION:
1. Approve budget appropriation and authoriz e expenditure in the amount of $105,000 from A/C #611-0000-3 41-9900 (Water Fund, Net Position) to A/C #611-8025-682-5699 (Contracted Services) for water conservation contract services for FY 2022-23.
2. Authorize City Manager to modify wa ter use restrictions and/or the grace period for transition to low volume irrigation as necessary during City Council summer recess.
L. Dudek Environmental Consulting Services
RECOMMENDATION:
1. Approve First Amendment to Task Order No. 2 (On-Call Contract No. 12520-2020) with Dudek Consulting of Sa nta Barbara, CA, to complete environmental documents for the 1100 Rancho Conejo – Alexandria BioTech Campus Project, in the amount of $55,449, increasing the total not-to-exceed amount to $125,000.
2. Authorize expenditure in the amount of $55,449 from A/C #001-4210-641- 5947 (Contracted Services – Billable Projects).
M. Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:
1. Authorize staff to advertise for c onstruction bids for the Fats, Oils, and Grease Facility Improvements Project (CI 5441).
2. Approve service agreement for t he purchase of Fats, Oils, and Grease screening equipment, and on-site ins pection and training from Huber Technology, Inc. (Huber), Denver, Co lorado, in the amount not to exceed $422,663.89 as follows: $419,163.89 for equipment purchase and $3,500 for services through December 31, 2023.
3. Approve budget appropriation transfer in the amount of $419,163.89 from A/C #624-8250-685-8300 (CI 5440, Capita l Improvements) to A/C #624- 8250-685-8400 (CI 5440, Capital Equi pment) and $3,500 from A/C #624- 8250-685-8300 (CI 5440, Capital Improvements) to A/C #624-8250-686-6560 (Specialized Training).
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7. CITY COUNCIL/TOPFA CO NSENT CALENDAR: (Continued)
N. ORDINANCE FOR SECOND READING
ORDINANCE ADOPTING SPECIFIC PLAN NO. 23 (1 BAXTER WAY), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND AUTHORIZING
THE LAND USES AND DEVELOPMEN T STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: ONE BAXTER WAY, L.P.) (Introduced 6/28/2022; 5-0) ORD. NO. 1701-NS
RECOMMENDATION:
Adopt
O. ORDINANCE FOR SECOND READING
ORDINANCE APPROVING A DEVELO PMENT AGREEMENT (1 BAXTER
WAY; APPLICANT: ONE BAXTER WAY, L.P.) (Introduced 6/28/2022; 5-0) ORD. NO. 1702-NS
RECOMMENDATION:
Adopt
P. ORDINANCE FOR SECOND READING
ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 5, CHAPTER 29, SECTIONS 5-29.01, 5-29.05, 5-29.08(a), 5-29.11, 5-29.12(a), 5-29.14, 5-29.18(b),5- 29.24, 5-29.27(d), 5-29. 31(c), 5-29.32(e), 5-
29.34(a)(1), 5-29.34(a)(2), 5-29.34(a)(3 ), 5-29.34(a)(6), 5-29.36(h) and 5-
29.37(c) REGARDING ALLOWING A DULT-USE RETAIL OF CANNABIS
AND UPDATED LANGUAGE TO M EET CURRENT STANDARDS, AND
AMENDING TITLE 9, CHAPTER 4, SECTIONS 9-4.202 AND 9-4.2105 TO INCLUDE CANNABIS RETAILER AS A PERMITTED USE IN THE M-1 ZONE (MCA 2022-70430) (Introduced 6/28/2022; 4-1, McNamee dissenting) ORD. NO. 1703-NS
RECOMMENDATION:
Adopt
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