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HomeMy WebLinkAbout18 - NB-3 - Consideration for Creating a Community - 4/18/2017CITY COUNCIL AGENDA REPORT MEETING DATE: April 18, 2017 ITEM NUMBER: NB -3 SUBJECT: CONSIDERATION FOR CREATING A COMMUNITY FOURTH OF JULY EVENT TO PROMOTE PUBLIC SAFETY AND PROMOTION OF AN INCREASE FOR ILLEGAL FIREWORK DISCHARGE FINE DATE: April 7, 2017 FROM: CITY MANAGER'S OFFICE/ADMINISTRATION PRESENTATION BY: DANIEL K. BAKER, ASSISTANT TO THE CITY MANAGER FOR FURTHER INFORMATION CONTACT: Dan Baker @ (714) 754-5156 RECOMMENDATION: It is recommended that the City Council provide direction to staff whether to: 1. Move forward with the coordination of a centrally located City -sponsored Fourth of July celebration to promote public safety in partnership with the HERO's Hall foundation and Spectra Entertainment Inc. on location at the Orange County Fair and Event Center. 2. Allocate $50,000 in new revenue and expenditures for FY2016-2017 to cover event costs. 3. Consider launching a proactive campaign to inform citizens that the City will be vigorously enforcing its prohibition against the discharge of illegal fireworks and seeking the maximum penalty for such violations. 4. Due to the extent to which the non-profit community (especially youth sports) relies on the revenue generated from legal (safe and sane) fireworks, no changes to the current sale or discharge ordinances are proposed at this time. BACKGROUND/ANALYSIS: On February 9, 2017, Council Member Stephens held a community forum discussing the history of fireworks in Costa Mesa. Suggestions and comments from the community included (See attachment 1 for feedback): • Citizens, for the most part, support legal firework sale and discharge • An increase in fines for illegal firework discharge is necessary • Costa Mesa needs a central location for a safe community celebration/display • Revenue for youth groups must be considered before major changes are made to the policy • Undercover enforcement should be considered • Due to illegal fireworks, Costa Mesa feels like a "War Zone" From the data presented by the Police and Fire Chiefs and the feedback from the community, Council Member Stephens concludes that the Fourth of July holiday in Costa Mesa has become decentralized, disorganized and dangerous. In fact, according to the firework representative who spoke, the illegal fireworks have become borderline weapons grade and are being distributed similar to organized crime methods. Since the forum, Council Member Stephens has met with multiple groups in an effort to find solutions to the issues listed above. In collaboration with Chiefs Sharpnack and Stefano, it has been discussed and agreed that an increase in fines for illegal firework discharge may bring about a decrease in activity. The following information is historical data for the past number of 4th of July holidays as it relates to calls for service for both police and fire: Police Department Calls -For -Service (CFS) For the evaluation period of July 1St through July 5th, 2016 the Communications Bureau received 857 firework -related calls for service that were dispatched through general broadcast to area police units. For comparison, 540 calls for service were dispatched in 2015. In total for 2016, there were a total of 1009 firework -related calls for service over the five-day period. The firework -related calls for service workload leading up to July 4th was moderate with a dramatic increase on July 4th. Calls for service on July 4th generally peaked between 7pm to midnight. The following table reflects a four-year historical summary of calls for service and citations for the 4th of July holiday deployment period: Calls -for -Service 2013 2014 2015 2016 % Change from 2015 to CFS 2016 Firework GBs 430 428 540 857 58.7% Officer Response 127 89 131 152 16.0% Total Firework Calls 504 517 671 1009 50.3% Citations / Arrests 32/3* 35/0 25/2* 79/0 216.0% Evaluation Period 6 6 5 days 5 days days days * These numbers are only indicative of fireworks related arrests. They do not account for other patrol, traffic, or any other non -firework related arrests. There were 42 "hot spot" locations identified for the 4th of July holiday. On July 4th, officers patrolled and issued 28.6% of the total citations in these "hot spot" areas. Fire Department Calls for Service (CFS) Battalion Chief Kevin Diamond was the liaison and Branch Director for the Fire Department. On July 2nd, Battalion Chief Diamond and another CMFD Arson Investigator patrolled the city in an unmarked vehicle. They provided technical expertise and supplemented Directed Enforcement staffing. Between July 1St and July 5th, 2016 the Fire Department conducted three arson investigations of firework -related trash can/dumpster fires and responded to 193 calls for service. By comparison, the City of Garden Grove allows for similar discharge of safe and sane fireworks and has witnessed a decrease in illegal firework discharge since imposing stiffer penalties ($1,000 for a first offense). The City of Santa Ana has implemented a similar fee amount and has witnessed similar declines in illegal firework discharge. Unlike past years where civil citations were issued with an initial fine of $150, this year, staff is recommending the launch of a proactive campaign to inform citizens that it will be vigorously enforcing its prohibition against the discharge of illegal fireworks as misdemeanors; which carry a maximum penalty of $1,000 and/or six months in jail. The campaign will be a collaborative campaign between City Hall, Police and Fire & Rescue public information divisions. Both printed and video messages will be advertised in all City social media outlets including the local print media. Fourth of July Celebration Another element of enhancing public safety on July 4th that was discussed with the Chiefs of Police and Fire was to have a centralized community celebration. In fact, Costa Mesa is one of just a few cities in Orange County that do not provide one for the public. A list of Orange County cities that provide a firework celebration include: Aliso Viejo, Anaheim, Brea, Dana Point, Fullerton, Huntington Beach, Irvine, Fountain Valley, La Habra, Laguna Hills, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano, Santa Ana, Tustin, Laguna Beach, and Yorba Linda. The public safety benefit to such an event is two -fold. First, it will bring members of the community to a centralized event thereby reducing the likelihood that they will be engaged in potential illegal activity during the holiday. Second, it will allow law enforcement to more effectively patrol the community without the extensive "cover" created by block parties where residents may or may not be engaged in inappropriate activates. To ensure a safe venue for the celebration, Council Member Stephens met with the OC Fair and Event Center and Hero's Hall representatives regarding the utilization both Hero's Hall and the area to the rear of the property adjacent to the outdoor arena including the Baja Blues Cantina as a potential site for a community Fourth of July Celebration. Tentatively, Fair staff have agreed to allow this to take place. Additionally, the approved vendor for food and beverage sales at the Fairgrounds and the operator of the Marketplace, Spectra Inc., has offered to provide their services and facilities to ensure a family friendly event for the community. Parking for the event will be free from 2pm to 5pm for visitors at the museum and $5 parking will be charged from 5pm until event closing. Parking before 5pm will be complimentary. The vision would be to open Hero's Hall from 2pm-5pm to allow individuals to honor and recognize our Nations Hero's. From 3pm-9pm, local artists and bands from the community, including the high schools, would be allowed to perform near the Baja Blues concession area for event entertainment. All artists will perform without compensation. Spectra Inc. has offered to staff the venue and will provide food and beverages, Marketplace vendors, and bounce houses. The event will culminate with a pyrotechnic display. The pyrotechnic display will not have the noise or concussion associated with traditional firework displays and will comply with the City's and Fairground's noise ordinances. The display will take place sometime between 8:45pm-9pm. Council Member Stephens is requesting Council support for an allocation of funding to provide a pyrotechnic display on the Fairgrounds property scheduled for the evening. Funding will also be utilized to reimburse the Fairgrounds for labor costs for part-time staff and for a sound technician for the audio system. In total, based upon estimates from the firework/pyrotechnic vendor and Fair Officials, funding obligations will not exceed $50,000. These costs include: • $25,000 for the Pyrotechnic display • $20,000 in labor costs related to Fair staff utilization • $5,000 in labor and equipment costs for audio equipment for stage 3 Event sponsors/underwriters will also be solicited for the event as a way to underwrite the event and the programs listed above. It is anticipated the underwriters of the event will cover the City's cost outlined above. Currently there is $16,000 pledged by sponsors/underwriters for the event. The net proceeds of the sponsorships will be donated to youth sports and veteran groups. If authorized, Council Member Stephens is requesting City staff to assist in minor event and entertainment coordination. Council Member Stephens is also seeking assistance with some minor graphic design work for flyers and advertising. Underwriters will be featured on the promotional materials. FISCAL REVIEW: Council Member Stephens is seeking Council support and authorization to utilize a not -to - exceed amount of $50,000 in funding for expenses related to the event. If authorized $50,000 in new revenue and $50,000 in proposed expenditures will be appropriated in the FY 2016-2017 current year budget. Council Member Stephens is actively seeking funding to achieve a cost neutral event. Currently there is $16,000 pledged by sponsors/underwriters for the event. All sponsorship funding for the event will be first expended to ensure the least amount of City funding will be utilized. LEGAL REVIEW: The City Attorney's office has reviewed this staff report and approved it as to form. CONCLUSION: Staff is requesting that the City Council provide direction to staff whether to move forward with the coordination of a centrally located City -sponsored Fourth of July celebration in partnership with the HERO's Hall Foundation and Spectra Entertainment on location at the Orange County Fair and Event Center. 111_► C ROBERT SHARPNACK Assistant to the City Manager Police Chief DANIEL A. STEFANO Fire Chief ATTACHMENTS: 1. Public Comments from Forum 2. Map of Proposed Area TEE IT UP WITH JOHN How much do you support legal fireworks in Costa Mesa? Do you feel increased undercover enforcement will help? Should fireworks only be allowed on the 4th of Julv? 10 being most —1 being least Attachment 1 2-9-17 No 1 1 2 3 14 5 6 7 8 1 9 10 0 11 2 2 1 3 1 1 2 0 27 2 li .*MtlWASEWAt.7SWAWAStMi �AWAWAKIII l79WAWiNESSE0111111111111t Comment Cards: 1. 3-4 day period is more fun and benefits the various groups. 2. If we must have fireworks it should be limited to the night of 7/4. Penalties for illegal fireworks should be significantly increased. Explore alternate funding ideas. 3. If the police would follow up on illegal fireworks there would be less problems. Fireworks are our major fundraiser for our schools. 4. Very concerned about the discussion of taking away safe & sane fireworks - booth & sales are integral to our school's foundation. 5. Fireworks are our major fundraiser of the year, limiting sales by limiting usage will be detrimental to our league. 6. I feel that if I don't have kids, I am no longer welcome in CM. I love kids, but also peace & quiet which is nonexistent all summer. 7. Community fireworks show at fairground, parade, fundraising booths for clubs, donate to clubs. 8. All nonprofit groups depend on the sales for money to help the kids. 9. I'm personally not wild about them but our programs would be devastated by the loss of fundraising potential. 10. This is a huge fundraiser for our youth which goes towards scholarships for the EHS football team. 11. 1 love fireworks but not after 10pm by residences, I support Council Member Stephens idea... 12. Fireworks sales are a positive way for school ages parents to earn funds to support programs the school district cannot afford. 13. This has always been a way to fund youth but not for so many days. 14. Bored senseless w the comments, can we focus on a solution to illegal fireworks? 15. 1 have been told by a man that lives in Huntington Beach... they bring illegal fireworks across the wood bridge and light them near Talbot Nature Preserve. 16. Please rope off an area like a part of the fairgrounds to celebrate the 4th 17. Fireworks are a huge part of our fundraiser program, estancia band/girls boys volleyball 18. The City has no means of replacing the funds generated by fireworks sales, 4-5 days of smoke & noise is more tolerable than 200-250 days of door knocking solicitations 19. S&S fireworks encourage illegal fireworks, we do not have enough enforcement personnel to handle this, schools can find other sources of income, pets suffer for days before, on, and after 20. Bring back a sponsored fireworks show on the 4th of July at the Pacific Amphitheater 21. 1 support the idea of a "centralized" area for the use of fireworks with or without a show on the side. 22. Rotate legal fireworks booths so groups can have a turn at better locations, increase police force, bring back helicopter 23. Undercover police may not work since those engaging in illegal fireworks have a network of lookouts, sports groups don't seem to want to compromise. 24. FIREWORKS SHOULD NOT BE ALLOWED AT ALL. 25. Fireworks should be allowed 26. We need this fundraiser 27. Only on the 4th, only sparklers, safe & sane 28. Limit sales to 7/1-7/4, 9 to 8p, close 7/4 sales at 9 to 6p 29. Great fundraiser for school groups 30. Confine to restricted areas 31. Fireworks should be banned Email Comments: "Today's OC Register article on Santa Ana's Police Department (Local p.4) shows its intentions concerning illegal fireworks. Where is Costa Mesa's action plan of Council or Police Department to monitor illegal fireworks in this city? The subject of fireworks was removed from the October 7, 2014 agenda, but was brought up in Citizen Comments. A mini -discussion followed, with pros (for raising money for sport programs) and cons (for safety and noise relief). During the discussion, Mr. John Kelly volunteered to explain how the City of EI Monte worked to suppress import, purchase and use of illegal fireworks. Did Mayor and Council pick up Mr. Kelly's suggestion? It would be enjoyable to have a City celebration in one place, with professional fireworks. It could even be the one fund raiser for youth sports! Excerpt from local United Neighbors News & Alerts - 6/4/15 ADVISORY: SAPD STEP-UP ENFORCEMENT OF ILLEGAL FIREWORKS DURING THE MONTH OF JUNE Santa Ana Police Special Enforcement Team Officers focused enforcement on persons selling illegal fireworks with the goal of impacting the ready accessibility of dangerous fireworks in the City of Santa Ana. Undercover officers through the use of social media platforms contacted 2 separate individuals and arranged to purchase illegal and dangerous fireworks. The undercover operation culminated in the arrests of 2 individuals and the seizure of over 650 pounds of illegal fireworks." 2. "Good choice I think. The last meetings on fireworks were when Wendy Leece was in office and she collected a lot of data from her meetings that I am sure she would be happy to share. When the spokesperson from TNT bragged about the 200 plus cities now using fireworks in Ca., I wondered what percentage of ca. cities that was exactly, you can't throw out figures without the comparisons in economics or in life. I have nearly given up on enjoying peace and quiet in my home, where I have invested so much time and money, relationships with neighbors and my community. The fireworks folks refuse to look at what other cities do for their athletes, non- profits, and always throw out the same argument, we can make this money quickly and a lot of it. Never thought I would agree with redacted on anything but giving the entire city a vote on which way this should go is the proper way to govern and I have advocated for it at so many council meetings where I was ignored or belittled, that I just stopped coming. It is awful to be forced from your home every summer, whether it be for a few days or months to just enjoy sitting outside with your pet family and reading a book, gardening, whatever, to not have to blast your t -v every night to try and cover the potential explosions we hear so often on my street. Having now lived in Laguna Niguel, they have no fireworks but huge family events in central park, Laguna Beach, no fireworks, they do a beautiful display over the ocean, beaches are packed with families, Mission Viejo, no fireworks, great show at Lake Mission Viejo, Laguna Hills, no fireworks, show was at Irvine Meadows last summer, great display. A stray firecracker or two were heard but short lived, as neighbors report immediately and only for a minute or two. It has convinced me that where you sell the legal stuff which I do not believe is either safe or sane, illegals will follow. I have also rented hotel rooms in Fountain Valley, San Juan and Irvine where again it was peaceful because only shows were allowed. Please let's put sanity back into this city. In appreciation for reading this." 3. "I've lived in Costa Mesa since 1962. As an adult I've never understood why fireworks were legal anywhere. They are dangerous and responsible for maiming, blinding and killing people throughout the world. We need firework control in our city now. IT MUST STOP NOW ! My biggest concern is the illegal fireworks ...esp on the eastside of Costa Mesa where we have a mixed bag of irresponsible people, drug addicts, etc. It's just dangerous and I hold our city leaders responsible for letting this continue. I've heard stories about mothers concerned about the money making potential of fireworks for their children's drives ... they should figure out another way to make $. This is garbage and needs to stop. I have sky rockets, bottle rockets, M -80"s, Cherie bombs, etc going off around my home on Elden ave... sometimes landing on my roof. I've driven around on the 4th looking for these people.... is that what you want - vigilantes driving around when the police cannot manage the situation? I've called the police and they are impotent in this situation. If anyone in my family gets hurt or my home gets damaged/burned down I will sue the city. I could talk about the trauma to my dogs but apparently nobody cares about that - the fact that the people that live here have to drug their poor crazed animals because of this nonsense. Sometimes we give our animals too much "quiet time medicine" that might cause their death. It's ridiculous.... Please help us clean this matter up" 4. "As a citizen of Costa Mesa, since 1949, 1 have seen the annual use of illegal fireworks increase to the terrible situation we currently suffer through. It's almost a nightly problem here in our, what previously was a quiet, calm, peaceful city. These continuous loud noises are difficult for humans and pet animals, including those at the Orange County Fairgrounds. The illegal fireworks are dangerous, and set a bad example to the children of Costa Mesa. We know that our Santa Ana neighbors come to our fair city to blow up their illegal fireworks. Please be strong, and help the Police and Fire Departments, and the citizens and animals of Costa Mesa. We need to enforce the current laws, enact stricter laws regarding fireworks Let's make Costa Mesa quiet and peaceful as it was for years. Thank you for your anticipated assistance in reaching our goal." "I am unable to attend your event on a discussion on fireworks and so appreciate you taking the time for our citizens to openly discuss their opinions. I have a few thoughts I want to share. Personally, being a "oldie" in town I remember the OCC events and attended them all. Remember having Bob Hope come one year. When my parents took my daughter redacted for the first time, she became so frightened she peed in Grandma's lap. I wish we could have such a family, city wide event. Youth groups could have booths at this event and sell foods, drinks, snacks, or game booths for fundraising. There are members of some groups benefiting from fireworks sales who are not even citizens our our city. I know the monies raised and time taken to realize this monies is accomplished in a week. Those groups benefit and us citizens with families, animals, young children, working hrs that require sleep and full attention suffer. The debis left on our streets becomes everyone else's responsibility but those who sell the fireworks. Allowing the sale of so called "safe and sane" fireworks just invitees others to our city with all kinds of illegal fireworks. We hear and see aerials all year long, the latest the night of super bowl. There is not a good reason for allowing fireworks to be activated for three days, there is only one July 4th. Perhaps CMPD can hire extra officers from other cities to patrol and fine those who disobey our laws. Our current force is too limited to be effective, thanks to some of our previous council members. Thank your again." 6. "The Fireworks Stand we run together with Tewinkle Middle School earned approx. $22,000 last year. We divide the profits between our two schools. This money is used for a portion of our tech aide's salary, show choir/band- instruments, promoting science & technology in our elementary school. I was unable to listen to Mr. Stephen's interview on the radio yesterday and have no idea if he supports a ban on fireworks or is just broaching the subject due to pressure from certain constituents. We will attend the Tee it up Discussion, raising money from a what seems to be a dry well is the most difficult thing we do. Our gala last year was so poorly attending we only had 25 family's show support -5 of which were foundation members. There are no generous benefactors for our elementary school. Selling Fireworks isn't a sure thing or easy money, asking volunteers to work countless shifts day and night isn't an easy sell. I truly don't know what we could do to replace the funds generated by our fireworks sales. Take Care, please let me know if you need any other information." 7. "1 understand that there will be a meeting at the City of Costa Mesa on Thursday evening this week. I'm unable to attend and hear the discussion, but wanted to share my opinion about fireworks. I realize that our boys and girls groups make a lot of money at this - and they should have opportunities to do that - no doubt. However, the fireworks year -around have gotten out of hand. Now, the problem arises with how to catch people in the act? So many times we har them and then they stop - not giving police the proper time to respond. There are, however, places in Costa Mesa that continually - for any excuse they can think of, light illegal fireworks hope that the City will look seriously at this and take measures to come up with a plan that will help to eliminate the illegal aspect of fireworks but still allow civic and team groups to raise funds for their efforts. Thank you for listening" 8. "1 like your idea for a public fireworks show at The Fairgrounds for one night only if, and only if, safe and sane fireworks are banned. As far as safe and sane fireworks go, maybe put that on the ballot with a simple question like: Should Costa Mesa continue to allow safe and sane fireworks for July 4th? or Should Costa Mesa ban safe and sane fireworks for a trial of 3 years and instead have a community fireworks show at the fairgrounds on July 4th? Anyway, glad you brought this up." 9. "1. Congratulations on your election. I am so happy to see the new majority of grown ups on the Council. 2, many darn good reasons to discontinue the ill thought practice of allowing fireworks sales and use in Costa Mesa. I sincerely hope you can help us to stop this abusive and corrosive practice in this community. POLICE COST: the chief can tell you the extraordinary expense for Police OVERTIME - a waste of good money and officers services. BREACH OF PEACE- in my neighborhood we are tormented for days and even weeks before and after the holiday--- shooting off illegal and legal fireworks until all early hours and beyond. Last year the sparks threatened my roof and left shrapnel in my patio and on my roof top. Needed to completely clean the patio of the refuse the next day- blackened. Frightened Pets won't even venture outside to do their business outside. We are hunkered down inside with doors, windows all shut up --every year - - can't read, watch TV or communicate with family over the din created for HOURS and HOURS. No possible good reason to allow a few to terrorize families, pets and waste taxpayer dollars for a few immature drunks to party all night and days before and after -at the expense of the community peace and quiet. PET ABUSE: my pets are terrified —shaking for hours at a time- types and unable to calm themselves for hours and even days at a time. I tried giving them vet recommended medication but that left them immobilized and in coma for 12 hours -- will never do that again. COMMON DECENCY. Our community deserves better than placating to a few outlaw types - over reaching violators- of decency and common courtesy to the rest of us. I live in a 92 family community (California Seabreeze at the end of 18th st) behind a large group of commercial buildings of about a70 or so small business manufacturers. The area is filled with smoke and fireworks for days - and the code enforcers know several of these "units" are also used as living quarters for the renters in those small businesses. No City action to stop those violations either. Some have been living there for many years in violation of code. So every holiday they invite the party over to run through the areas - loud parties go on til the wee hours -- music and drunks and speeding cars and fireworks. Crying drunk women in the middle of the nite. It is complete disregard for our family community and decent values. Then the complaints start and then the police -- come again and again. Costa Mesa needs to grow up into deserving the City it has become. PLEASE HELP US. I have never lived in any community tha allows fireworks. I am amazed this goes on here. I am sorry I cannot make it to speak to you in person tonite but appreciate your concern and making yourself available to the community." 2-9-17 Public Comment: 1. Rope off a few locations (fairgrounds, etc.) for supervised fireworks, leave neighborhoods quiet, illegal fireworks in neighborhoods would be more apparent 2. Use of safe and sane leads to use of illegal fireworks, does not think we have the resources to properly supervise this kind of activity 3. Fireworks (legal and illegal) noise upsets baby, commends officers, supports idea to have roped off area where 4t" can be celebrated without disturbing residents 4. Blocks off her street, do some fireworks, one street over has had several incidents of fireworks misfiring exploding on people's property, palm tree caught fire 5. CM HS baseball & FB, CM American Little League, fireworks accounted for 75% of CMHS baseball budget, lower reg fees to encourage more players, $ needed to maintain fields 6. CM HS Aquatics 2/3 to 70% of budget, scholarships to a lot of athletes, equipment/uniforms/banquets 7. CM HS band boosters and color guard, 35% of budget but timing of funds from booth crucial for beginning of school year purchases (uniform, instrument) 8. 15-25,000, does not want all $ pooled and distributed evenly to programs, would prefer that city focus on enforcement, cities that do not allow safe & sane still have illegal fireworks, 90% of AYSO travel team 9. Support safe & sane fireworks, CM HS Cross Country covers cost of uniforms, suggests rotating location of booths each year, hire more police officers to deal w/ illegal 10. Illegal fireworks are a year round issue, suggests CMPD reward system to catch illegal fireworks 11. Fireworks have gotten out of hand, was out of town (over the 4t") and came back to fireworks remnants on home and around neighborhood, suggests sponsored show 12. Illegal fireworks year round issue, does not think eliminating safe and sane Is going to have desired effect, supports more PD and undercover 13. Youth services association, fireworks stand is 100% of budget, does not want to rotate booths (bc of size of booth & relationship w Stater bros managers) 14. Wants majority to rule on what should be done about safe and sane fireworks 15. PD enforcement, community policing, supports sponsored show 16. No longer spends summers in Costa Mesa due to noise, undercover police 17. Supports safe & sane fireworks 18. Worries about houses burning down, thinks fireworks pose a danger to police and fire departments 19. Wants to outlaw fireworks, decrease sale times for fireworks, if illegal fireworks found should be fined $5000 20. California School Education Foundation: booth creation takes 350 hours, 45% of students low income, pay for tech aide, show choir director, band instruments, approx. $90,000 21. $300,000+ dollars raised for groups, would support another type of fundraiser if it results in same dollar amounts raised 22. 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