Board Minutes - January 11, 2005

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County of Inyo

Board of Supervisors

 

 

 

The Board of Supervisors of the County of Inyo, State of California, met in regular session at the hour of 9:00 a.m., on Tuesday, January 11, 2005, in the Board of Supervisors Room, County Administrative Center, Independence, with the following Supervisors present:  Chairperson Ted Williams presiding, Linda Arcularius, Susan Cash, Jim Bilyeu, and Richard Cervantes.  Supervisor Cervantes provided the Invocation, and Supervisor Arcularius led the Pledge of Allegiance. 

 

Public Comment

The Chairperson announced the public comment period.  Mr. Park Hoover informed the Board that he and his wife were in the audience and prepared to respond to questions regarding the RFP for the Big Pine Care facility. 

 

County Dept. Reports

The Chairperson announced the County Department Report period.   The County Administrator informed the Board that due to severe weather conditions on Friday, January 7, 2004, in the interest of Staff safety, he had called a snow day, which in effect closed County offices except for the 24-hour facilities.  Mr. Mendez went on to report on the Avalanche Program and evacuation efforts for the residents in the Aspendell area.  Mr. Mendez also reported on an avalanche in the South Fork area, which had stranded several families.

 

BofS/Election of Officers

The Chairperson turned the meeting over to the Clerk of the Board for the election of officers.  The Clerk called for nominations for Chairperson.  Supervisor Arcularius nominated Supervisor Williams and the nomination was seconded by Supervisor Cash.  The Clerk closed the nominations and called for a motion to elect.  Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to elect Supervisor Ted Williams, Chairperson.  Motion carried unanimously.

The Clerk called for nominations for Vice Chairperson.  Supervisor Bilyeu nominated Supervisor Cash and the nomination was seconded by Supervisor Cervantes.  The Clerk closed the nominations and called for a motion to elect.  Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to elect Supervisor Susan Cash as Vice Chairperson.  Motion carried unanimously.  The Clerk turned the meeting over to the Chairperson.

 

BofS/Stewart Valley Roads

Mr. and Mrs. Walter Rudolf representing the Stewart Valley Estates Home Owners Association addressed the Board.  They updated the Board with a brief history of their requests for repair of the roads in the Stewart Valley area, most especially the Ash Meadows Road.  Mrs. Stewart confirmed that at least half of the Ash Meadows Road is located in Nevada.  Mr. Jeff Jewett, Public Works Director, provided additional information and further clarification on the Stewart Valley roads.  The Board, Staff and the Rudolf’s continued to discuss the options, with the County Administrator suggesting that Staff write a letter to Nye County to open a dialog regarding the possibility of them maintaining the road.  The Board concurred with the recommendation and requested that Staff keep the Rudolf’s informed as the process moves forward.  Mr. Jewett then informed the Board that he had been in contact with Nye County regarding the road.  He explained that they are facing the same fiscal constraints as Inyo County and did not volunteer to take on the responsibility of Ash Meadows.  The County Administrator highlighted joint projects explaining that Inyo and Nye are working together on an OES mutual aid agreement.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to appoint Supervisor Cervantes to work with Staff to meet with representatives of Nye County Nevada to research alternatives and operations available for the maintenance of Ash Meadows Road.  Motion carried unanimously.

 

Planning/Parcel Merger 2004-05

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve Parcel Merger No. 2004-05, as recommended by the Planning Commission.  Motion carried unanimously.

 

Probation/Fire Alarm Testing

Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to approve the amended Contract between the County of Inyo and Siemens Fire Safety Division to provide quarterly inspections and testing of the fire alarm system for the Juvenile Center for the revised coverage period of January 1, 2005 through December 31, 2005; and authorize the Chairperson to sign.  Motion carried unanimously.

P.W./Big Pine Care Facility RFP

The Board and Staff discussed the proposal for the lease and development of the Big Pine Care Facility.  Mr. and Mrs. Hoover of QOLA responded to questions from the Board, explaining that their proposal is to establish a facility where the adult handicapped could participate in the many outdoor recreational opportunities available.  They confirmed that initially they are looking at 5-acres, with the hopes of utilizing the entire 80-acres.  Supervisor Bilyeu expressed a desire to ensure that public meetings are held prior to the Board taking final action on a lease for the property.  Staff clarified that the recommendation being considered today, provides the Board the opportunity to meet in closed session to provide direction to Staff regarding the parameters of the lease and specific items to be negotiated.  Mr. and Mrs. Hoover expressed their concern with protecting the facility from any further damage and deterioration and stressed that the County move forward as soon as possible.  Moved by Supervisor Bilyeu and seconded by Supervisor Arcularius to direct the Public Works Department in conjunction with the Office of County Counsel to open the negotiation process to develop a lease between the County of Inyo and the Quality of Life Association (QOLA) for the lease and development of the former Big Pine Care facility.  Motion carried unanimously.

 

Sheriff/Salary Increase

The Board and Staff discussed the request to adopt an ordinance increasing the salary for the Sheriff.  A motion enacting the ordinance was made by Supervisor Arcularius and seconded by Supervisor Cash and after further discussion the motion and second were withdrawn.  Supervisors Cash, Cervantes and Bilyeu expressed their support of law enforcement and the Sheriff, but went on to say that they were concerned about approving this increase and others that may come forward without a review of the status of the County’s fiscal position.  Supervisor Arcularius suggested that rather than deny the request that the Board postpone taking action until after mid-year budget review which is scheduled for the last meeting in January.  Supervisor Arcularius also informed the Board that she has requested that the mid-year budget include a discussion on reinstating the 2% COLA for the Department Heads.   Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu that consideration of an ordinance increasing the Sheriff’s salary be continued for consideration after mid-year budget review.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 10:15 a.m., reconvening at 10:30 a.m., with all Board Members present.

 

Planning/Public Hearing on G.P. Amend. Re Definitions for Gross Acreage and Net Acreage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Hearing on G.P. Amend. Re Definitions for Gross Acreage and Net Acreage Continued

 

 

 

 

 

 

The Chairperson opened the public hearing to consider a General Plan Amendment - Definitions of “Gross Acreage” or “Gross Parcel Size” and “Net Acreage” or “Net Parcel Size.”  The Planning Director, Ms. Leslie Klusmire reviewed the Staff Report and recommendations in detail.  At the conclusion of her remarks, she requested that the Staff Report and attachments be entered into the record and they were marked Exhibit A. 

Mr. J. Bassage addressed the Board to oppose Staff’s recommendations regarding the proposed definitions and entered into the record a document entitled “Declaration of James D. Bassage,” January 10, 2005, including attachments, which was marked Exhibit B. 

Mr. Bassage also requested that the following be introduced and they were marked accordingly: 

·                                 a grouping of four letters opposing a change in the definition from himself, Andrew C. Pucio, Paul Bedell and H. B. (“Lefty”) Irwin, were marked Exhibit C;

·                                 an excerpt of the Land Use Element of the Inyo County General Plan, was marked Exhibit D;

·                                 an excerpt of the State of California General Plan Guidelines, was marked Exhibit E;

·                                 excerpt of the State of California General Plan Guidelines 2003, was marked Exhibit F;

·                                 excerpt of the “Practice Under the California Environmental Quality Act,” was marked Exhibit G;

·                                 a map of the McLaren area, was marked Exhibit H;

·                                 a map of the McLaren Subdivision, was marked Exhibit I;

·                                 a January 11, 2005, letter from Joan Lewis, was marked Exhibit J;

·                                 a January 11, 2005 letter from Joan Lewis, plus attachments was marked Exhibit K.   

Mr. Andy Holmes of Triad Engineering supported Staff’s definition.  Mr. Steve Place, Mr. Harry Peterson, Mr. Steve Stephens, and Mr. Lefty Irwin, addressed the Board to support the current definition.  Mr. Dick Noles addressed the Board to provide clarification on how utility easements are controlled.  The Chairperson closed the public hearing and recessed the regular meeting at 1:00 p.m., reconvening in open session at 1:40 p.m., with all Board Members present. 

The Board and Staff continued to discuss the parameters for defining gross acreage or gross parcel size and net acreage or net parcel size.  Assistant County Counsel, Randy Keller, provided further explanation on the definitions.  A motion was made by Supervisor Arcularius and seconded by Supervisor Bilyeu to adopt a definition that would subtract or deduct out public roads only as to the past practice of the County.  The Motion failed on a two-to-three vote, with Supervisors Arcularius and Bilyeu voting yes, and with Supervisors Cash, Cervantes and Williams, voting no.

Moved by Supervisor Arcularius and seconded by Supervisor Cash that Staff come back with language that addresses the deduction of public roads and the deduction of private driveways or rights of way that provide access to other properties.  Motion carried unanimously.

 

Planning/Core Appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning/Core Appeal Continued

 

The Chairperson opened the public hearing at 1:55 p.m., to consider the appeal by J. Bassage et al., 306 North Mountain View Road, of the December 1, 2004, Planning Commission decision to approve Tentative Parcel Map No. 357/Core. 

 

·                                 Planning Department Staff reviewed the Staff Report and recommendation in detail and at the conclusion of their remarks requested that the Staff Report and all attachments be entered into the record and they were marked Exhibit A. 

·                                 Staff also requested that the following be entered into the record and they were marked accordingly: a December 28, 2004 letter from Mr. and Mrs. Core supporting Staff’s recommendations was marked Exhibit B;

·                                 a group of three letters, two from the Core’s and one from Dr. and Mrs. Michael McClay supporting Staff’s recommendations were marked Exhibit C;

·                                 a December 27, 2004 letter from Donald Sorenson opposing Staff’s recommendation was marked Exhibit D. 

·                                 Supervisor Cash provided the Board with copies of an email she had received from Ann and John Fulton supporting the appeal and it was marked Exhibit E. 

·                                 Staff requested that the Vesting Tentative Parcel Map No. 357 be entered and it was marked Exhibit F. 

·                                 The Chairperson requested that the Notice of Appeal in this matter be entered and it was marked as Exhibit G.  

·                                 Ms. Joan Lewis addressed the Board to support the appeal and oppose the approval of the Core lot split.  She asked that photographs of the property be entered and they were marked Exhibit H. 

·                                 Ms. Lewis went on to present a letter from Nancy and Richard Perry, opposing the lot split and it was marked Exhibit I. 

 

Mr. Andy Holmes of Triad Engineering representing the applicant and Mr. Dick Noles addressed the Board to support the Staff’s recommendation to deny the appeal of the Core’s lot split.

 

·                                 Mr. James Bassage, McLaren Resident addressed the Board to support the appeal and asked that the following be entered into the record and they were marked accordingly:  January 10, 2005 Bassage letter was marked Exhibit J;

·                                 except of Chapter 9 of the General Plan Guidelines regarding zoning consistency was marked Exhibit K;

·                                 a one page document with a statement regarding the general plan was marked Exhibit L;

·                                 an excerpt of Chapter 18.27 of the Inyo County Code from 1989 was marked Exhibit M;

·                                 an excerpt of Chapter 18.27 of the Inyo County Code from 1999 was marked Exhibit N;

·                                 a four page document noted “ELIB:897” page 18 was marked Exhibit O;

·                                 an except of the Land Use Element of the County’s General Plan was marked Exhibit P;

·                                 page 166 of the General Plan Guidelines entitled “Hypothetical General Plan/Zoning Compatability Matrix” was marked Exhibit Q; and

·                                 an except of the Mendocino County General Plan Land Use Element was marked Exhibit R.  

At the conclusion of his remarked Mr. Bassage asked that his comments regarding the Net Acreage definition be incorporated as a part of this record and the record was so noted.  Mr. Steve Stephens addressed the Board to ask about emergency access and to oppose the lot split.  Mr. Dave Laverty, McLaren resident, supported the Staff’s recommendations and discussed legal access versus practical access.  Mr. Stephen Place, McLaren Resident, addressed the Board to oppose the lot split and to question the applicants’ rights and/or the Board’s rights to direct access via Old McLaren Road, which Mr. Place said was a private road owned by the current property owners on the road.  A discussion ensued regarding the status of Old McLaren Road.  The Chairperson recessed the public hearing at 5:00 p.m., reconvening at 5:15 p.m., with all Board Members present.   

·                                 The Public Works Director, Mr. Jeff Jewett, requested that a letter and the attachments from then Inyo County Assistant Director of Public Works, Mr. Roger Glidden, which indicates Old McLaren Road was completed in 1954 and is maintained as a County road be entered into the record and it was marked Exhibit S. 

·                                 Ms. Gail Gribbon, McLaren Resident, opposed the lot split and asked that her letter dated January 11, 2005, be entered into the record and it was marked Exhibit T. 

 Mr. Harry Peterson, McLaren Resident, opposed the lot split and Mr. Richard Liebersbach, the Core’s Attorney, supported the lot split and indicated that the Core’s were willing to waive their right to access the property from Old McLaren.  Mr. Lefty Irwin, McLaren Resident, opposed the lot split and Ms. Shelly Vinatieri supported the lot split.  

·                                 Assistant County Counsel, Mr. Randy Keller submitted Resolutions #87-64 and #81-113, which established no parking zones and a prima facie speed limit for McLaren Lane and they were marked Exhibits U and V respectively.  

The Chairperson closed the public hearing at 6:00 p.m. 

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to deny the appeal and affirm the December 1, 2004, Planning Commission decision to approve Tentative Parcel Map No. 357/Core and to add the condition that the criteria has been met for legal access off a public road on Old McLaren Lane and that access right be waived and make the emergency access identified on the map a private access road.  Motion carried unanimously.

 

Announcement

The Chairperson announced that the Board would address the remaining timed items and closed session items and that today’s Board Meeting was being continued to 9:00 a.m., Wednesday, January 12, 2005, in order for the Board to consider those remaining Agenda Items.  

 

Planning/Shain Appeal

The Chairperson opened the public hearing at 6:30 p.m., to consider the appeal by J. Bassage et al., 306 North Mountain View Road, of the December 1, 2004, Planning Commission decision to approve Vesting Tentative Parcel Map No. 358/Schain.  The Planning Director reviewed the Staff Report and recommendations.  At the end of her presentation, Ms. Klusmire requested that the Staff Report and the attachments be entered into the record and they were marked Exhibit A.  She then requested that a letter from the applicant, as well as a letter from Don Sorensen, the McClay email, the Fulton email, the Core letter and the Perry letter also be entered and they were marked Exhibits B, C, D, E, and F respectively.  Ms. Tanda Gretz of the Planning Department requested that the Notice of Appeal be included and it was marked Exhibit H.  The Clerk requested that a written statement provided by Andy Holmes be entered and it was read into the record and marked Exhibit I. The Appellant, Mr. J. Bassage addressed the Board to request that all of the testimony and exhibits he provided in the Core appeal be accepted as testimony for this appeal and they were incorporated by reference and marked in their entirety as Exhibit K (see Core Appeal file).  There being no one else from the public wishing to address this issue, the Chairperson closed the public hearing at 7:00 p.m.   

Moved by Supervisor Arcularius and seconded by Supervisor Bilyeu to deny the appeal and affirm the December 1, 2004, Planning Commission decision to approve Vesting Tentative Parcel Map No. 358/Schain.   Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed open session at 7:10 p.m., to reconvene at 7:35 p.m., with all Board Members present.

 

P.W./Public Hearing Hanger Rents and Tie Die Fee Increases

The Chairperson opened the public hearing at 7:40 p.m., on a proposed ordinance repealing Inyo County Ordinance No. 989, and Inyo County Resolution 85-31, and Increasing Hangar Rent and Tie Down Fees, at County Airports.  Public Works Director, Mr. Jeff Jewett reviewed the Staff Report and recommendations concerning the proposed increases in the Hanger Rents and Tie Down Fees.  There being no one from the public wishing to address this issue, the Chairperson closed the public hearing at 7:55 p.m.  Moved by Supervisor Arcularius and seconded by Supervisor Cash to waive the first reading of the ordinance and schedule the enactment for 10:05 a.m., February 16, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.  Motion carried unanimously.

 

Recess/

Reconvene

The Chairperson recessed the regular meeting at 7:55 p.m., to reconvene at 9:05 a.m., Wednesday, January 12, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence, with all Board Members present.

 

BofS/Report on Forest Centennial

Supervisor Arcularius requested that her report on the U. S. Forest Service’s Centennial Congress be reagendized for next week’s meeting.

 

Planning  Comm/ Cleland Appointment

Moved by Supervisor Cash and seconded by Supervisor Arcularius to appoint Ms. Rosemary Cleland as the Second District Planning Commissioner, to complete a four-year term ending January 4, 2009.  Motion carried unanimously.

 

Probation/Flag-

Pole at Juvenile Hall

Supervisor Bilyeu provided additional clarification on his request for the Board to consider the installation of a flagpole at the Juvenile Hall.  The Public Works Director informed the Board that Staff had located a used flagpole in the road yard, which is surplus.  The County Administrator, Mr. Rene Mendez, informed the Board that the estimate to locate a flagpole at the Juvenile Hall is $1,000 for a new pole and $800 to relocate the flagpole from the Office of Education Building.    Mr. Jewett explained that he was recommending the Board authorize Staff to refurbish the surplus pole for installation at the Juvenile Hall rather than relocating the pole located at the old Office of Education Building because the County is planning on utilizing that building and a flagpole will be required there also.  Mr. Jewett informed the Board that the estimate to refurbish the surplus pole is also $800.  Supervisor Arcularius requested that the placement of the pole be used as an educational opportunity to teach the students at the Keith Bright School about flag protocol.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to direct Staff to refurbish and install the surplus flagpole identified by Staff at the Juvenile Facility in an amount not to exceed $800.  Motion carried unanimously.

 

Emerg. Serv./ EOP Approval

The County administrator explained that the Emergency Operations Plan is the document used to implement the SIMS Plan. Mr. Mendez thanked Supervisor Cash for her input explaining that  Supervisor Cash had identified several clerical errors contained in the document, which he acknowledged, would be corrected.  The Board and Staff went on to discuss the EOP in detail with additional clarifications being requested by the Board, which included redefining the organization flow chart so that it is easier to follow.  The County Administrator informed the Board that a tabletop exercise of the County’s OES operations is planned for January 20, 2005 and invited the Board to observe the exercise.  Moved by Supervisor Cash and seconded by Supervisor Bilyeu to adopt the Emergency Operations Plan (EOP) and approve the Weapons of Mass Destruction Annex to the EOP Plan as corrected and amended, and authorize Staff to (promulgate) disseminate the information as appropriate.  Motion carried unanimously.

 

 

P.W.-Town Water System/Rate Workshop

The Chairperson recessed open session at 10:00 a.m., to convene in a workshop, with all Board Members present to discuss and provide direction to Staff regarding the reliable operation of the town water systems and the revenue needed to sustain the operations.  The Chairperson recessed the workshop at 11:50 a.m., to reconvene the workshop at 1:47 p.m., with all Board Members present.  The Chairperson recessed the workshop at 3:50 p.m., to reconvene in open session at 4:00 p.m., with all Board Members present.

 

 

Ag. Comm/ Results of MAD Fee Assessment

The Chairperson announced that the request by the Agriculture Commissioner to A) accept the Opinion Research and Survey from Shilts Consultants, Inc., regarding the proposed increase of benefit assessment fees for Owens Valley Mosquito Abatement Program; and B) authorize Staff to proceed with the engineering report from Shilts Consultants, Inc., was being reagendized for the January 18, 2005 Board Meeting.

 

DA/Salary Increase

Mr. Art Maillet, District Attorney, offered to have his request for consideration of a salary increase for the District Attorney from $7,853 to $8,507 per month, postponed, similar to the Sheriff’s request, until after mid-year budget review.  He explained that he had brought the request forward in order to meet the deadline for consideration per the Board’s policy for compensation review.  The Board thanked the District Attorney for his willingness to delay the discussion.

 

Auditor/Account Tech Position

Moved by Supervisor Cash and seconded by Supervisor Arcularius to waive the hiring freeze and authorize the filling of an Account Technician II position, at Range 59 ($2,532 - $3,078.)  Motion carried unanimously.

 

Auditor/BPAR position

Moved by Supervisor Cash and seconded by Supervisor Bilyeu to amend the authorized strength by adding one BPAR Account Clerk I, position (20 - 29.99 hours) at Range 43A ($10.10 per hour) and authorize the recruitment and filling of the position.  Motion carried unanimously.

 

P.W./Statham Hall & Museum Roof Repair RFP

The Board and Staff discussed the RFP’s warranty requirement and the need to make it reasonable in order to promote responses.  Moved by Supervisor Bilyeu and seconded by Supervisor Cash to approve the advertisement and issuance of a Request for Proposals (RFP) for the evaluation and repair of the roofs at Statham Hall and the Eastern California Museum, as amended to reflect a one-year warranty requirement.  Motion carried unanimously.

 

 

BofS/Minute Approval

The Assistant Clerk reviewed the process for minute approval when there is not a quorum of the Board, explaining that the minutes are placed in the Board’s records with a notation that due to lack of quorum the minutes were not approved.   Moved by Supervisor Arcularius and seconded by Supervisor Williams to approve the minutes of the Board of Supervisors meetings of A) December 7, 2004; B) December 14, 2004; and C) the Special Meeting of December 13, 2004.   The motion failed on a two-to-zero vote, with Supervisors Arcularius and Williams voting yes and with Supervisors Cash, Bilyeu and Cervantes abstaining. 

 

CAO-Info Serv./ Workshop

The Chairperson announced that the scheduled workshop on the County’s Information Technology would be rescheduled to the January 18, 2005, Board of Supervisors meeting.

 

Closed Session The Chairperson recessed open session at 4:20 p.m., to convene in closed session to discuss Agenda Items No. 25.  CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sousa v. Ralston, Inyo County Superior Court Case No. 04-3772; No. 26.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment – Title:  Director of Public Works; No. 27.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment – Title:  Director of Water Department; No. 28.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment – Title:  Director of Environmental Health; and No. 29.  PERSONNEL (Pursuant to Government Code Section 54957) - Public Employee Appointment – Title:  County Administrative Officer.

 

Report on Closed Session

The Chairperson recessed closed session at 7:45 p.m., to reconvene in open session to receive a report on closed session.  County Counsel reported with regard to Agenda Item No. 25. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) - Sousa v. Ralston, Inyo County Superior Court Case No. 04-3772, this is an action for alleged personal injury and violation of civil rights being brought by Mr. Sousa against Mr. William Ralston, a County Building Inspector, the Board by a unanimous vote, with Supervisors Arcularius, Cash, Williams, Bilyeu and Cervantes, voting yes, directed the Office of County Counsel to defend William Ralston in this matter and authorized the County to indemnify him in accordance with applicable lath.  There were no other items discussed in closed session, which were required by law to be reported on in open session.

 

Adjournment The Chairperson adjourned the regular meeting at 7:45 p.m., to 9:00 a.m., January 18, 2005, in the Board of Supervisors Room, at the County Administrative Center, in Independence.

 

 

                                                                                                ________________________________________
                                                                                               
Chairperson, Inyo County Board of Supervisors

 

 

Attest:   RENÉ L. MENDEZ
         Clerk of the Board

 

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