SUMMARY OF PROCEEDINGS

Transcription

1 SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 20, :00 P.M. Note: Members of the Board of Supervisors may have an interest in certain contracts that the Board considers where the member holds a position on a non-profit corporation that supports the functions of the County. Supervisors are assigned to these positions as part of annual committee assignments by the Chairman of the Board. These interests include, with the Supervisor holding the position, the following: California State Association of Counties (Supervisors Perez and Gleason); Community Action Partnership of Kern (Supervisor Maggard); Kern County Network for Children (Supervisor Gleason); Kern Economic Development Corporation (Supervisors Scrivner, Maggard, and Couch); Southern California Water Committee (Supervisors Couch and Maggard); Tobacco Funding Corporation, Kern County (Supervisors Gleason and Couch); and Kern County Foundation, Inc. (Supervisor Couch). BOARD RECONVENED Supervisors: Gleason, Scrivner, Maggard, Couch, Perez ROLL CALL: All Present NOTE: The vote is displayed in bold below each item. For example, Gleason-Perez denotes Supervisor Gleason made the motion and Supervisor Perez seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH A "CA" OR "C" WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS REPORT ON ACTIONS TAKEN IN CLOSED SESSION ON SEPTEMBER 20, 2016 AT 9:00 A.M. - Item No. 26 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Director of Animal Services (Government Code Section 54957) (from 9/13/2016) - HEARD; NO REPORTABLE ACTION Item No. 27 concerning PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Title: Fire Chief (Government Code Section 54957) - HEARD; NO REPORTABLE ACTION

2 Summary of Proceedings PM Page 2 Item No. 28 concerning a CONFERENCE WITH LABOR NEGOTIATORS - Agency designated representatives: County Administrative Officer, John Nilon, and designated staff - Employee organizations: Service Employees International Union Local 521; Kern County Detention Officers Association; Kern County Fire Fighters Union; Kern County Prosecutors Association; Kern County Probation Managers Association; Kern County Probation Officers Association; Sheriff s Command Association; Sheriff s Command Association II; Kern Law Enforcement Association; Unrepresented employees (Government Code Section ) - WITHDRAWN Item No. 29 concerning a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government Code Section (d)(2)(e)(1)) Number of cases: One (1) Significant exposure to litigation in the opinion of the Board of Supervisors on the advice of legal counsel, based on: Facts and circumstances that might result in litigation against the County but which the County believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed - HEARD; NO REPORTABLE ACTION PUBLIC PRESENTATIONS 1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE AND SPELL YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! DAVID FLUHART HEARD REGARDING VARIOUS PREDICTIONS FOR 2020 BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec [a][2]) NO ONE HEARD

3 Summary of Proceedings PM Page 3 GENERAL PLAN AMENDMENT HEARINGS Amend the Land Use, Open Space and Conservation Element of the Western Rosedale Specific Plan; and other items as cited which include amendments of certain zoning maps and applications and proceedings PLANNING AND NATURAL RESOURCES DEPARTMENT CA-3) Request from B&H Willow Creek Ranch, LLC and Wildwood Farms, LLC to change the permitted uses from Low Medium Density Residential to Intensive Agriculture and the inclusion of 215 acres into Agricultural Preserves located as follows; Site A: southeast corner of Reina Road and Nord Avenue; Site B: northwest corner of the intersection of Nord Avenue and Meacham Road, Bakersfield (S.D. #4) Specific Request: (a) Amend the Land Use Element of the Western Rosedale Specific Plan from Map Code LMR to Map Code R-IA or a more restrictive map (b) code designation on approximately 215 acres (SPA #85, Map #101) Inclusion of approximately 157 acres within the boundaries of Agricultural Preserve No. 9, and inclusion of approximately 58 acres within the boundaries of Agricultural Preserve No. 11 (Ag Pres #9 and #11 - Incl) (Environmental Review: General Rule, Section 15061(b)(3); Categorically Exempt, Section 15317; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED RESOLUTIONS AND AND RECOMMENDED FINDINGS APPROVING SPECIFIC PLAN AMENDMENT AS REQUESTED AND APPROVING INCLUSIONS AS REQUESTED DEPARTMENTAL REQUESTS PLANNING AND NATURAL RESOURCES DEPARTMENT All S.D.s CA-4) Proposed addition of one Office Services Specialist and the deletion of one Senior Office Services Specialist within Budget Unit 5940, effective September 23, 2016 (Fiscal Impact: $6,622 Savings; Community Development Block Grant; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

4 Summary of Proceedings PM Page 4 S.D. #1 CA-5) Request from Bitco, Inc. by Stan Patscheck for an exception to requirement for connection to public sewer for Precise Development Plan 66, Map 81, located on east side of Gusher Court, in northeast Bakersfield area; Environmental Review: Categorically Exempt, pursuant to Section 15303(d), of the State CEQA Guidelines (Fiscal Impact: None) - APPROVED EXCEPTION TO THE METROPOLITAN BAKERSFIELD GENERAL PLAN SEWER SERVICE POLICIES All S.D.s CA-6) Public hearing to review County of Kern s performance in implementation of Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs, and to review County s Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year prior to submission to U.S. Department of Housing and Urban Development (HUD) (Fiscal Impact: None) - APPROVED CAPER; AUTHORIZED DIRECTOR OF PLANNING AND NATURAL RESOURCES DEPARTMENT TO MAKE ANY MINOR REVISIONS NECESSARY TO CAPER FOR CONSISTENCY, CHANGES IN RESPONSE TO DIRECTIVES OF BOARD AND/OR AS MAY BE REQUIRED BY HUD AND SUBMIT COMPLETED DOCUMENT TO HUD CA-7) Public hearing for proposed substantial amendments to the County of Kern s Fiscal Year (FY) through FY Consolidated Plan and Annual Action Plan for Community Development Programs (Fiscal Impact: None) - APPROVED; AUTHORIZED DIRECTOR OF KERN COUNTY PLANNING AND NATURAL RESOURCES DEPARTMENT TO SUBMIT ALL RELATED DOCUMENTATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CA-8) Proposed Fiscal Year Grant Agreements for the Community Development (CDBG) Program, in the amount of $3,953,644; Home Investment Partnerships (HOME) Program, in the amount of $1,278,580; and Emergency Solutions Grants (ESG) Program, in the amount of $368,923 (Fiscal Impact: $5,601,147; Federal; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS , , AND ; AUTHORIZED PLANNING AND NATURAL RESOURCES DEPARTMENT DIRECTOR, OR DESIGNEE, TO TRANSMIT TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC WORKS DEPARTMENT - Administration and Engineering S.D. #4 CA-9) Proposed Contract No with Griffith Company for construction on Rowlee Road from Interstate 5 to Lerdo Highway, Buttonwillow, in an amount not to exceed $1,375,375 (Fiscal Impact: $1,375,375; Regional Surface Transportation Program Fund and Road Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

5 Summary of Proceedings PM Page 5 S.D.s #1 & #2 10) Contract No , Plans, Specifications and Notice to Contractors for the diversion area loading dock expansion at the Bena Landfill (Fiscal Impact: $160,000; Solid Waste Enterprise Fund - Capital Projects; Budgeted; Discretionary) - DAVID FLUHART HEARD; MADE FINDING THAT PROJECT IS CATEGORICALLY EXEMPT FROM FURTHER CEQA REVIEW, PER SECTION 15301(c) OF STATE CEQA GUIDELINES; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, OCTOBER 19, 2016, AT 11:00 A.M. Scrivner-Couch: All Ayes S.D.s #3 & #5 CA-11) Contract No , Plans, Specifications and Notice to Contractors for pedestrian path improvements on Virginia Avenue from Washington Street to Oswell Street, Bakersfield (Fiscal Impact: $729,600; Community Development Block Grant and Transportation Development Act Funds; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED PUBLIC WORKS DEPARTMENT TO PUBLISH NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, OCTOBER 19, 2016, AT 11:00 A.M. All S.D.s CA-12) Proposed Software License Agreement with Trafficware, containing nonstandard terms and conditions, and acquisition of Synchro software in an amount not to exceed $8,524 (Fiscal Impact: $8,524; Public Works Internal Service Fund; Budgeted; Discretionary) - APPROVED; AUTHORIZED DIRECTOR OF PUBLIC WORKS TO SIGN SOFTWARE LICENSE AGREEMENT AND PROCEED WITH ACQUISITION OF THE SYNCHRO SOFTWARE CA-13) Proposed Amendment No. 1 to Agreement with Diversified Project Services International (DPSI) for engineering and surveying consulting services to update cost proposal rates (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-14) Proposed addition of one Engineering Manager position, and deletion of one Public Works Manager position, one Supervising Planner position, and one Supervising Engineer position, effective September 21, 2016 (Fiscal Impact: $271,913 FY 2016/2017 Savings; Public Works Internal Service Fund; Not Budgeted; Discretionary) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE

6 Summary of Proceedings PM Page 6 PUBLIC WORKS DEPARTMENT - Building and Development S.D. #1 CA-15) Request for protest hearing on proposed confirmation of administrative penalties and costs incurred for nuisance abatement work located at 1501 N. Leroy Street, Ridgecrest, APN (Fiscal Impact: $7,749.30; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED PUBLIC WORKS DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS S.D. #2 CA-16) Request for protest hearing on proposed confirmation of costs incurred for nuisance abatement work located at I Street, Mojave, APN (Fiscal Impact: $6,088.40; General Fund; Budgeted; Discretionary) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PER SECTIONS 15061(b)(1), 15061(b)(2), 15061(b)(3), AND OF STATE CEQA GUIDELINES; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION CONFIRMING ADMINISTRATIVE PENALTIES AND COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO ABATE PUBLIC NUISANCE ON SUBJECT PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN 10 DAYS, BE A LIEN AGAINST SUBJECT PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON TAX ROLL BY AUDITOR AND TO BE COLLECTED IN SAME MANNER AND SUBJECT TO SAME PENALTIES AS ORDINARY COUNTY TAXES ON REAL PROPERTY FROM WHICH NUISANCE WAS ABATED; DIRECTED PUBLIC WORKS DEPARTMENT TO MAIL NOTICE OF BOARD ACTION TO SUBJECT PROPERTY OWNERS

7 Summary of Proceedings PM Page 7 S.D. #4 CA-17) Request for approval of completed street, water, sewer and landscape improvements, Tract 6252, Phase D, proposed Resolution for acceptance of roads into County Road System, and acceptance of street, drainage and landscape improvements for maintenance (Fiscal impact: None) - APPROVED COMPLETED STREET, WATER, SEWER AND LANDSCAPE IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE BOND NO , IN THE AMOUNT OF $1,030,379, UNDERWRITTEN BY LIBERTY MUTUAL INSURANCE COMPANY, TO $103,038 FOR GUARANTEE AND MAINTENANCE OF COMPLETED STREET, WATER, SEWER AND LANDSCAPE IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE-YEAR PERIOD ENDING SEPTEMBER 13, 2017; ADOPTED RESOLUTION FOR ACCEPTANCE OF ROADS WITHIN TRACT 6252, PHASE D, INTO COUNTY ROAD SYSTEM AND ACCEPTANCE OF STREET, DRAINAGE AND LANDSCAPE IMPROVEMENTS FOR MAINTENANCE CA-18) Request for approval of completed street, water, sewer and landscape improvements, Tract 6325, Phase 1, and proposed Resolution for acceptance of Wegis Avenue and Hageman Road into County Road System (Fiscal impact: None) - APPROVED COMPLETED STREET, WATER, SEWER AND LANDSCAPE IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE BOND NO S, IN THE AMOUNT OF $726,903, ISSUED BY DEVELOPERS SURETY AND INDEMNITY COMPANY, TO $72,690 FOR GUARANTEE AND MAINTENANCE OF COMPLETED STREET, WATER, SEWER AND LANDSCAPE IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE-YEAR PERIOD ENDING SEPTEMBER 20, 2017; ADOPTED RESOLUTION FOR ACCEPTANCE OF WEGIS AVENUE AND HAGEMAN ROAD WITHIN TRACT 6325, PHASE 1, INTO COUNTY ROAD SYSTEM All S.D.s CA-19) Annual Recertification in Community Rating System (CRS) program of National Flood Insurance Program (NFIP) (Fiscal Impact: None) - AUTHORIZED CHAIRMAN TO SIGN RECERTIFICATION FORM PUBLIC WORKS DEPARTMENT - Operations and Maintenance S.D. #5 CA-20) Proposed no-stopping zone along the east side of Stobaugh Street beginning 30 feet north of north gutter line extension of Alicante Avenue, then north for 30 feet, Lamont (Fiscal Impact: None) - APPROVED; REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE

8 Summary of Proceedings PM Page 8 COUNTY ADMINISTRATIVE OFFICE 21) Proposed Amendment No. 1 to Agreement with The Regents of the University of California for vehicle support, to increase number of transferred vehicles from six to eight (Fiscal Impact: None) - DAVID FLUHART HEARD; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Couch-Scrivner: All Ayes CA-22) CA-23) CA-24) Proposed retroactive Agreement with Court Appointed Special Advocates (CASA) of Kern in the amount of $46,360 for Fiscal Year contribution (Fiscal Impact: 46,360; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT Proposed response to Grand Jury report entitled Kern County Groundwater (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE Request for retroactive authorization to sign Trust, Agency, and Custody Account Designation of Investment Advisor form and authorized signers form for the 2002 County of Kern Tobacco Endowment Custody Account with Wells Fargo Bank N.A. (Fiscal Impact: None) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN FORMS Legislative Matter CA-25) S. 2986/H.R. 5323, International Communications Privacy Act (Fiscal Impact: None) - ADOPTED POSITION OF SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE COUNTY ADMINISTRATIVE OFFICE - General Services Division All S.D.s CA-26) Proposed Agreement with Federal Engineering to provide consulting services for the Public Safety Radio and Microwave System Upgrade from October 31, 2016 to December 31, 2017, in the amount of $169,484 (Fiscal Impact: $169,484; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT CA-27) Proposed Amendment No. 2 to Agreement , with Griffith Company, for the Site Civil Job Order Contract, Phase 12, to increase amount by $150,000, for a new amount not to exceed $2,650,000 (Various Projects) (Fiscal Impact: $150,000; Budgeted; Discretionary) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT

9 Summary of Proceedings PM Page 9 COUNTY ADMINISTRATIVE OFFICE - Human Resources Division CA-28) Proposed new flexible classification series of Airports Maintenance Worker I-IV at salary range , and proposed reclassification of two Maintenance Worker III positions to two Airports Maintenance Worker III positions and two Maintenance Worker I positions to two Airports Maintenance Worker I positions, effective September 20, 2016 (Fiscal Impact: None) - APPROVED; REFERRED TO HUMAN RESOURCES DIVISION TO AMEND THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE CONSIDERATION OF ORDINANCES INTRODUCED ON SEPTEMBER 13, 2016 CA-29) Proposed Ordinance adding subsection (53) to Section , Chapter 10.24, Title 10 of the Kern County Ordinance Code establishing a disabled persons parking zone along the east side of Edna Street beginning 195 feet north of the cross gutter flow line extension on June Avenue, then north for a distance of 22 feet, Bakersfield - ENACTED ORDINANCE G-8664 MATTERS FOR EXECUTIVE APPROVAL CA-30) CA-31) CA-32) Budget Transfers - NONE Minutes for week of August 1, APPROVED Miscellaneous Letters and Documents - FILED CA-33) Claims and Lawsuits Filed with and Referred by Clerk of the Board - APPROVED AND FILED ADJOURNED TO TUESDAY, SEPTEMBER 27, 2016 AT 9:00 A.M. Couch /s/ Kathleen Krause Clerk of the Board /s/ Mick Gleason Chairman, Board of Supervisors

10 Summary of Proceedings PM Page 10 32) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Assessor-Recorder A) Letter re fair market value and cancellation fee concerning property of Stephen and Darleen Reimer, for cancellation of Land Use Contract (APN ) B) Letter re fair market value and cancellation fee concerning property of I.B.Farming, LLC by Porter and Associates, for cancellation of Land Use Contract (APN ) Clerk of the Board C) Received, certified and transmitted to Recorder for recordation as follows: 1) Parcel Map 12148, S.D.#1 2) Parcel Map 12184, S.D.#4 3) Tract Map Phase 1 S.D. #5 Local Agency Formation Commission (LAFCo) D) Notice of Hearing in the matter of Belridge Water Storage District: Sphere Amendment Treasurer-Tax Collector E) Cash Receipts and Disbursements for August 2016 Miscellaneous F) Letter from Kern Audubon Society to Parks and Recreation re Frazier Lake (Copies to each Supervisor, CAO, Parks, and County Counsel) G) Letter from California Department of Public Health to Kern Medical Center re termination of participation in the Medi-Cal program at Kern Medical Center (Copies to CAO and County Counsel) H) from David Fluhart re County-Wide Strategic Plan (Copies to each Supervisor, CAO, and County Counsel) I) Notice from Verizon Wireless re construction of a new telecommunication cell site at 5701 Outlets at Tejon Ranch Pkwy (Copies to Planning and Natural Resources) J) Notice from Southern California Edison Company re filing of General Rate Case Application with the California Public Utilities Commission (CPUC) requesting rate increase (Copies to General Services) K) Agenda for Indian Wells Valley Groundwater Authority Board of Directors meeting on September 15, 2016 L) Agenda for Kern Health Systems Regular meeting of the Board of Directors on September 15, 2016 M) Summary of Kern Health Systems Regular Meeting of the Board of Directors on August 11, 2016 N) Summary of Kern Health Systems Special Meeting of the Board of Directors on August 29, 2016

11 Summary of Proceedings PM Page 11 33) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY CLERK OF THE BOARD - APPROVED AND FILED A) Claim in the matter of Jesse Bustamante Cordero v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of Thomas J McCaa Jr. v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) C) Claim in the matter of State Farm Insurance a/s/o Gerald Todd v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Mario Vite v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim for damages in the matter of Jared Schwebel v. County of Kern et al. - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Notice of filing late claim in the matter of Miguel Haro Lara v. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) ###