body,date,text,page,path
RulesAndLegislationCommittee,2018-07-19,"City of Oakland
Office of the City Clerk
Oakland City Hall
1 Frank H. Ogawa Plaza
Oakland, California 94612
Meeting Minutes - FINAL
LaTonda Simmons, City
CITY OF OAKLAND
Clerk
*Rules & Legislation Committee
Oakland City Hall, 1 Frank H. Ogawa Plaza,
Oakland, California, 94612
City of Oakland Website: http://www.oaklandnet.com
Thursday, July 19, 2018
10:45 AM
City Council Chamber, 3rd Floor
Roll Call / Call To Order
The Oakland City Council Rules and Legislation Committee convened at 11:16 a.m,
with Council President Reid presiding as Chairperson.
Present
4
- Lynette McElhaney, Abel J. Guillén, Laurence E. Reid, and Annie Campbell
Washington
COMMITTEE MEMBERSHIP:
1
Determinations Of Closed Session
18-0751
Attachments: View Report
There will be a Special Closed Session on Tuesday, July 24, 2018 at 12:00 p.m.
There was 1 speraker on this item
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
2
Approval Of The Draft Minutes From The Committee Meeting Of June 28, 2018
18-0710
Attachments: View Report
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Accepted. The motion carried by the following
vote:
Aye: 4 - - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
City of Oakland
Page 1
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Meeting Minutes - FINAL
July 19, 2018
3
Determination Of Schedule Of Outstanding Committee Items
18-0752
Attachments: View Report
There were 5 sperakers on this item
President ProTem Guillen made a motion, seconded by Vice Mayor Campbell
Washington to schedule the vacant land tax to the July 24, 2018 City Council
Meeting
A motion was made that this matter be Accepted. The motion carried by the
following vote:
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
Subject:
Proposed Ballot Measure To Tax Vacant Properties
From:
Councilmember Kaplan, Kalb And President Pro Tem Guillen
Recommendation: Adopt An Resolution On The City Council's Own Motion Submitting To
The Voters At The General Municipal Election On November 6, 2018, A Proposed
Ordinance To Adopt A Special Parcel Tax On Vacant Properties To Fund Solutions For
Homelessness, Illegal Dumping Remediation, And Specified Programs; And Directing
The City Clerk To Take Any And All Actions Necessary Under Law To Prepare For And
Conduct The November 6, 2018 General Municipal Election
17-0453
Attachments: View Report
View Report
View Kaplan Report 3/29/18
View Kaplan Report 4/13/18
View Supplemental Report 5-11-218
View Kaplan Supplemental Report 5-18-2018
View Revised Report 7-20-2018
87319 CMS
A motion was made by Abel J. Guillén, seconded by Annie Campbell
Washington, that this matter be Scheduled to go before the Special Concurrent
Meeting of the Oakland Redevelopment Successor Agency / City Council /
Geologic Hazard Abatement District Board, to be heard 7/24/2018. The motion
carried by the following vote:
Aye: 4- - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
City of Oakland
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July 19, 2018
2) A Resolution, On The City Council's Own Motion, Submitting This Item To The Voters
At The 2018 Election
17-0454
A
motion was made that this matter be Scheduled to go before the Special
Concurrent Meeting of the Oakland Redevelopment Successor Agency / City
Council / Geologic Hazard Abatement District Board, to be heard 7/24/2018. The
motion carried by the following vote:
Aye: 4 - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
DUE TO THE PRESENCE OF COUNCILMEMBER KAPLAN, A QUORUM OF THE CITY
COUNCIL WAS NOTED, AND A MOTION WAS MADE AND SECONDED TO ADJOURN THE
MEETING OF THE RULES AND LEGISLATION COMMITTEE, AND TO CONVENE AS A SPECIAL
MEETING OF THE FULL COUNCIL AT 11:23 A.M.
4
Scheduling Of Agenda Items And Revisions To Previously Distributed 10-Day Agendas
(SUPPLEMENTAL)
18-0753
Attachments: View Report
View Report
There were 50 speakers on this item
This Report and Recommendation be Accepted.
4.1
Subject:
Pilot Program To Remove Vehicles Of Certain Crimes
From:
Council President Pro Tempore Guillén
Recommendation: Adopt An Ordinance Implementing 24-Month Pilot Program Allowing
Law Enforcement Officers In The City Of Oakland To Remove A Vehicle Used In The
Commission, Or Attempted Commission, Of Certain Crimes, Including Solicitation Of
Prostitution, As Authorized By California Vehicle Code Section 22659.6
18-0781
Add Councilmember Gallo and Vice Mayor Campbell Washington
This Ordinance be Scheduled.to go before the *Public Safety Committee to be
heard 9/11/2018
City of Oakland
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July 19, 2018
4.2
2) A Resolution, Pursuant To An Initiative Petition, Submitting To The Qualified Electors
At The November 6, 2018 General Municipal Election A Proposed Amendment To The
Charter Of The City Of Oakland Creating The ""Children's Initiative Of 2018"" And
Approving A Parcel Tax To Fund Early Childhood Education And College Readiness
Programs; And Directing The City Clerk To Fix The Date For Submission Of Arguments
And Provide For Notice And Publication In Accordance With The Law And Authorizing
Certain Other Election Activities
18-0778
Attachments: View Report
87288 CMS
This City Resolution be Scheduled.tc go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council/Geologic
Hazard Abatement District Board to be heard 7/24/2018
4.3
Subject:
Verified Residents Circulation Of Petitions 2018
From:
Office Of The City Clerk
Recommendation: Adopt The Following Pieces Of Legislation:
1) A Resolution Pursuant To An Initiative Petition, Submitting To The Electors At The
November 6, 2018 General Municipal Election A Proposed Ordinance And Amendments
To The Oakland Municipal Code ""Creating Workplace Protections And A Minimum Wage
For Hotel Employees, Modifying How Oakland's Local Employment Standards Are
Enforced, And Creating A Department Of Workplace And Employment Standards"";
Requesting That The Election Be Consolidated With The Statewide General Election;
Directing The City Clerk To Fix The Date For Submission Of Arguments And Provide For
Notice And Publication; And Authorizing Certain Other Election Activities; And
18-0779
Attachments: View Report
87287 CMS
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council / Geologic
Hazard Abatement District Board to be heard 7/24/2018
City of Oakland
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Meeting Minutes - FINAL
July 19, 2018
4.4
Subject:
Building And Fire Permits For Equity And General Cannabis Applicants
From:
Councilmember President Reid
Recommendation: Adopt A Resolution Declaring A State Of Emergency Due To Lack Of
Time For Oakland's 296 Existing Operating Licensed Cannabis Businesses And
Approximately 400 Other Existing Pre-Operational Cannabis Applicants, To Be Fully Plan
Checked And Inspected By Both The Building Department And The Fire Department
Prior To The January 1, 2019 State Cannabis Licensing Deadline; And Due To This
Emergency, Authorizing The City Administrator, To Expedite And Prioritize Permit
Processing For Both Equity And General Cannabis Business Applicants; On The July,
24, 2018 Special City Council Agenda
18-0780
This City Resolution be Withdrawn with No New Date.
4.5
Subject:
Defining ""People Of Color"".
From:
Member Of The Public
Recommendation: Receive A Report From The City Administrator Defining ""People Of
Color"". Report Should Include A Breakdown Of Services Rendered To Each CULTURE
Including African American People; As Soon As Possible On The City Council Agenda
18-0776
This item will be sent to the department of race and equity
This Informational Report be Withdrawn with No New Date.
4.6
Subject:
Travel Authorization
From: Councilmember Vice Mayor Campbell Washington
Recommendation: Adopt A Resolution Authorizing Vice Mayor Annie Campbell
Washington And Councilmember Abel Guillen To Travel To Long Beach, California To
Attend The 2018 Annual League Of California Cities Conference From September
12-14, 2018, And Be Reimbursed For Necessary Expenses
18-0774
Attachments: View Report
87289 CMS
A new Resolution will be provided that includes President Pro Tem Guillen's name
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council / Geologic
Hazard Abatement District Board to be heard 7/24/2018
City of Oakland
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July 19, 2018
4.7
Subject:
Resolution Outlining Transportation Network Company Agreement Terms
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution Outlining Terms For Pilot Program For
Transportation Network Company Agreement In The City Of Oakland
18-0775
Attachments: View Report
This City Resolution be Scheduled.to go before the *Public Works Committee to
be heard 9/11/2018
4.8
Subject:
Status Report of City Owned Parks In Council District 7
From:
Council President Reid
Recommendation: Receive An Informational Report On The Status of City Owned Parks
In District 7 And An Update On Action Taken To Rectify Issues Of Concern That The
Oakland Parks And Recreation Foundation Survey Highlighted In The 2016 Community
Report Card On The State Of Maintenance Of Oakland Parks; On The September 25,
2018, Public Works Committee Agenda
18-0777
This Informational Report be Withdrawn with No New Date.
4.9
Subject:
Resolution To Ease Increased Housing
From:
Councilmember Kaplan
Recommendation: Adopt A Resolution To Ease The Process For Adding Specified
Housing To Increase Affordable Housing Supply In Oakland, To (1) Allow For Increased
Housing Units In Specified Transit-Oriented Locations When Affordable Housing
Specifications Are Met, And (2) Shorten And Simplify Process For Accessory Dwelling
Units; On The September 25, 2018, Community And Economic Development Committee
Agenda
18-0783
This City Resolution be No Action Taken.
4.10
Subject:
Informational Report On Different Homeless Services And Programs
From:
Councilmember Kaplan
Recommendation: Receive An Informational Report Responding To Resolution No.
87129-C.M.S. Requesting Information Concerning A Number Of Different Homeless
Services And Programs
[TITLE CHANGE]
18-0782
Attachments: View Report
View Supplemental Report 9-7-2018
This Informational Report be Scheduled.to go before the *Life Enrichment
Committee to be heard 9/11/2018
City of Oakland
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4.11
Subject:
Cellular Site Simulator Annual Usage Report
From:
Oakland Police Department
Recommendation: Receive An Informational Report From The Oakland Police
Department With Information Regarding Usage of Cellular Site Simulator (CSS)
Technology for 2017
18-0470
Attachments: View Report
This Informational Report be Scheduled.to go before the *Public Safety
Committee to be heard 9/11/2018
Items Submitted on the Dais
Subject:
Support Of The California Affordable Housing Act
From:
Alliance of Californians For Community Empowerment
Recommendation: Adopt A Resolution In Support Of The California Affordable Housing
Act
18-0784
As a consent item
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council / Geologic
Hazard Abatement District Board to be heard 7/24/2018
COUNCIL PRESIDENT REID RELINQUISHED THE CHAIR AT 12:24 P.M AND PRESIDENT PRO
TEMPORE GUILLEN PRESIDED AS CHAIRPERSON.
5
A Review Of The Council Committees' Actions From July 17, 2018 And Determination Of
Scheduling To The City Council Meeting Of July 24, 2018 (MATRIX)
18-0754
Attachments: View Report
There was a motion made by Councilmember McElhaney and seconded by Vice
Mayor Campbell Washington to approve item 5 with the following amendments:
There were 2 speakers on this item.
A motion was made that this matter be Accepted as Amended. The motion
carried by the following vote:
Aye: 4- - McElhaney, Guillén, Reid, and Campbell Washington
NO VOTE: 0
From the Cancelled Life Enrichment Committee of July 17, 2018
City of Oakland
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Subject:
Informational Report On DVP Implementation
From:
Councilmember McElhaney
Recommendation: Receive An Informational Report From The City Administrator On The
Implementation Of Ordinance No. 13451 C.M.S. Which Established The Department Of
Violence Prevention On Ending The Epidemic Of Violent Crime In Oakland And Healing
Trauma In Impacted Communities
18-0702
Attachments: View Report
View Supplemental Report 9-7-2018
This Informational Report be Scheduled.to go before the *Life Enrichment
Committee to be heard 7/11/2018
Subject:
Child & Adult Food Program (CACFP) Grant Application FY 2018-2019
From:
Human Services Department
Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To Apply
For And Accept The U.S. Department Of Agriculture Child And Adult Care Food Program
(CACFP) Grant From The California Department Of Education In An Estimated Amount
Of $243,632 To Provide Funding For Nutritious Meals For The Head Start/Early Head
Start Program From July 1, 2018 Through June 30, 2019; And 2) Authorizing A General
Purpose Fund Contribution In The Amount Equivalent To Central Service Overhead Costs
Estimated At $41,675
18-0680
Attachments: View Report
87309 CMS
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council / Geologic
Hazard Abatement District Board to be heard 7/24/2018
Subject:
Oakland Head Start/Early Childhood Education Program FY 2018-2019
From:
Human Services Department
Recommendation: Adopt A Resolution 1) Authorizing The City Administrator To Enter Into
A Sub-Contract With Oakland Unified School District To Receive State Funding In An
Estimated Amount Of $200,000 To Provide California General Child Care Services To
Eligible Participants, Ages Birth To Three Years Old, Effective July 1, 2018 Through June
30, 2019; And Accept And Appropriate Said Funding; And 2) Authorize The General
Purpose Fund Contribution In The Amount Of $29,795 To Cover Central Service
Overhead Costs As Included In The FY 2018-19 Midcycle Proposed Budget
18-0681
Attachments: View Report
87310 CMS
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council/Geologic
Hazard Abatement District Board to be heard 7/24/2018
City of Oakland
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Subject:
California State Preschool Program (CSPP) FY 2018-2019
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To Apply For
And Accept The California State Preschool Program Expansion Grant From The
California Department Of Education In An Amount Of $1,072,782 To Fund
Prekindergarten And Family Literacy Services In Accord With Said Grant From July 1,
,
2018 To June 30, 2019; And To Authorize A Contribution From The General Purpose
Fund In The Amount Equivalent To Central Services Overhead Costs Estimated At
$126,213
18-0685
Attachments: View Report
87311 CMS
This City Resolution be Scheduled.to go before the *Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency and Public Safety Committee
to be heard 7/24/2018
Subject:
Alameda County Immediate Impact Grant
From:
Human Services Department
Recommendation: Adopt A Resolution Authorizing The City Administrator To: 1) Accept
And Appropriate Up To $633,320 From Alameda County In Immediate Impact Grant
Funds For Services At Community Cabins Sites, Emergency Health And Hygiene
Interventions, And Motel Vouchers For Unsheltered Families, For The Period Of April
17,2018 Through April 30, 2021; And 2) Amend The Grant Agreements With Service
Providers To Extend The Grant Term For Fiscal Year (FY) 2019-2020 And FY 2020-2021
And Increase The Grant Amounts For Services At The Community Cabin Sites And To
Provide Motel Vouchers; And 3) Accept And Appropriate Additional Grant Funds For
Services At Community Cabins Sites, Emergency Health And Hygiene Interventions, And
Motel Vouchers For Unsheltered Families That May Become Available From Alameda
County Without Returning To Council Within The Duration Of The Grant Term Of April
17,2018 Through April 30,2021; And 4)Allocate Up To $254,382 In Previously
Appropriated General Purpose Funds For Use At Community Cabin Sites
18-0701
Attachments: View Report
87312 CMS
This City Resolution be Scheduled.to go before the *Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency and Public Safety Committee
to be heard 7/24/2018
From The July 17, 2018 Public Safety Committee
City of Oakland
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Subject:
Professional Services Agreement With Eberhardt Consulting
From:
Oakland Police Department
Recommendation: Adopt A Resolution Waiving The Advertising/Bidding And Request
For Proposals/Qualifications Requirements And Authorizing An Extension Of Up To Two
Years (Through August 31, 2019) Of The Professional Services Agreement Between The
City Of Oakland And Eberhardt Consulting For Technical Assistance Services In
Delphine Allen V. City Of Oakland, For Two Hundred Fifty-One Thousand Dollars
($251,000) And A Total Contract Amount Not To Exceed Five Hundred Thousand Dollars
($500,000)
18-0652
Attachments: View Report
View Supplemental Report 6-15-18
View Supplemental Report 7-6-18
View Supplemental Report 7-20-2018
87322 CMS
Item was scheduled from the Committee Matrix to the July 24, 2018 City Council
Agenda on the Non Consent Calendar.
This City Resolution be Scheduled.to go before the Special Concurrent Meeting
of the Oakland Redevelopment Successor Agency / City Council / Geologic
Hazard Abatement District Board to be heard 7/24/2018
6 There Are No Agendas For Review Due To The Mayors Summer Recess
7
Subject:
Tax Of 1% On Rental Property Revenue
From:
Councilmember Kaplan
Recommendation Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The General Municipal Election On November 6, 2018, A Proposed
Ordinance To Adopt A Special Supplemental Business License Tax On Rental Of
Property At A Rate Of 1% Of Annual Gross Receipts In Excess Of $200,000 To Fund
Solutions For Homelessness, Illegal Dumping Remediation, And Related Programs; And
Directing The City Clerk To Take Any And All Actions Necessary Under Law To Prepare
For And Conduct The November 6, 2018 General Municipal Election
18-0707
Attachments: View Report
View Supplemental Report 7-13-2018
View Supplemental Finance Report 7-13-2018
There were 14 speakers on this item
This City Resolution be Withdrawn with No New Date.
City of Oakland
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8
Subject:
Oakland Charter Amendment Career Jobs Now! Act
From:
Councilmember Brooks
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The General Municipal Election On November 6, 2018, A Proposed
Amendment To The Oakland City Charter To Establish The Career Jobs Now! Fund To
Provide Funding For Job Training Services In The Amount Of Seven Percent Of Annual
Unrestricted Revenues Received By The City From The New Construction Of Market
Rate Housing And Commercial Developments Completed On Or After January 1, 2019;
And Directing The City Clerk To Fix The Date For Submission Of Arguments, Provide
For Notice And Publication, And Take Any And All Actions Necessary Under Law To
Prepare For And Conduct The November 6, 2018, General Municipal Election
18-0708
Attachments: View Report
View Budget Advisory Commission Supplemental Report 7-13-2018
View Supplemental Report 7-13-2018
There were 17 speakers on this item
The committee asked that an economic analysis be included with this item
A motion was made by Lynette McElhaney, seconded by Larry Reid, that this
matter be Approved the Recommendation of Staff, and Forward to go before the
Special Concurrent Meeting of the Oakland Redevelopment Successor Agency /
City Council / Geologic Hazard Abatement District Board, to be heard 7/24/2018.
The motion carried by the following vote:
Aye: 3 - - McElhaney, Reid, and Campbell Washington
No: 1 - - Guillén
NO VOTE: 0
City of Oakland
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July 19, 2018
9
Subject:
Just Cause Amendment Ballot Measure
From:
Councilmember Gallo And Councilmember Kalb
Recommendation: Adopt A Resolution On The City Council's Own Motion Submitting To
The Voters At The November 6, 2018 General Municipal Election Proposed
Amendments To Oakland Municipal Code Section 8.22.300 Et Seq. (Just Cause For
Eviction Ordinance) To: (1) Remove The Exemption For Owner Occupied Duplexes And
Triplexes; (2) Allow The City Council, Without Returning To The Voters, To Add
Limitations On A Landlord's Right To Evict; And Directing The City Clerk To Fix The Date
For Submission Of Arguments And Provide For Notice And Publication In Accordance
With City Of Oakland's General Municipal Election On November 6, 2018
[New Title]
18-0720
Attachments: View Report
View Supplemental Report 7-13-2018
View Revised Report 7-20-2018
View Supplemental McElhaney Report 7-20-2018
87325 CMS
There was a motion made by Vice Mayor Campbell Washington and seconded by
Councilmember McElhaney to approve the staff recommendations with the
following ammendments:
1. Any home owner seeking exemption will provide proof that the unit has been
their primary residence for a minimum of (7) out of (10) years.
2. Require that a new owner-occupant reside in the unit for a minimum of seven
(7)
years and file petitions with the rent board before the exemption will apply;
3. Shifts the burden of proof for owner occupancy to homeowner
4. Aligns the the definition of single family residence to FHA conventional lending
practices to include 4 unit buildings
5. Retains Just Cause protections for any owner occupied residency in a 4 unit
building at the time of adoption and any tenants beginning their lease in an
exempted unit after adoption would be applied to the 7 year rule
6. If we continue to the provision to allow the City Council to change the ordinance
after adoption by the voters, that such changes be affirmed by a 2/3 vote by the
Council.
A motion was made by Annie Campbell Washington, seconded by Lynette
McElhaney, that this matter be Approved the Recommendation of Staff, and
Forward to go before the Special Concurrent Meeting of the Oakland
Redevelopment Successor Agency / City Council / Geologic Hazard Abatement
District Board, to be heard 7/24/2018. The motion carried by the following vote:
Excused: 1 Reid
Aye: 3 - McElhaney, Guillén, and Campbell Washington
City of Oakland
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Meeting Minutes - FINAL
July 19, 2018
NO VOTE: 0
Open Forum (Total Time Available: 15 Minutes)
11 speakers spoke during Open Forum.
Adjournment
There being no further business, and upon the motion duly made, the Oakland City
Council Rules and Legislation Committee adjourned the meeting at 3:56 p.m.
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Fax: (510) 238-6699
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MATERIALS RELATED TO ITEMS ONTHIS AGENDASUBMITTEDTOTHE CITY COUNCIL
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CITY CLERK, 1 FRANK H. OGAWA PLAZA, 1ST AND 2ND FLOOR, OAKLAND, CA 94612 FROM
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* In the event a quorum of the City Council participates on this Committee, the meeting is
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taken.
City of Oakland
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