04-19-2005 - Regular Meeting - Minutes•
•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
April 19, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:17 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Wong
ROLL CALL Mayor Sanderson, Mayor Pro Tem Wong,
Councilmembers: Herfert, Hernandez, Miller
Others Present: Pasmant, Alvarez-Glasman, Fields, Samaniego, Melsaac, Chung,
Lee, Freeland, Yauchzee, Bachman, Sindelar, McDonald,
Anderson, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council and Community Development
Commission commenced the special meeting at 5:57 p.m. Prior to
recessing into closed session all items scheduled on both agendas
were announced for inclusion in the closed session discussion.
Items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation — Two
Cases: Council received a briefing from legal counsel on both
cases, City of West Covina vs. Charter Communications and
Michael Newton vs. City of West Covina, and direction was
provided to legal counsel, no final action, nothing further to report.
Conference with Labor Negotiators : Regarding the
various employee groups as posted on the agenda, no final action
was taken, nothing further to report.
Items on the CDC agenda:
Conference with Real Property Negotiators —
Northeast quadrant of, Amar Rd./Azusa Ave, Parcel I
Commission received briefing from counsel, item is on the open
session agenda for consideration this evening.
2538 E. Garvey Avenue — CDC received briefing, direction was
provided to staff, item will be brought back at the next meeting
regarding an extension of the ENA.
207 N. Citrus Street — CDC received briefing, direction was
provided to staff and will be brought back when appropriate.
CHANGES TO THE AGENDA City Manager stated there were no changes to the agenda.
Council discussed and concurred to bring CDC Item IIC forward
due to presentation by a consultant.
Councilmember Herfert requested item J-2 be held over to the next
meeting.
PRESENTATIONS Blue Star Video was aired.
Chairman of the Senior Citizens Commission, George Gliaudys,
presented former Senior Citizens Commissioner John Scheuplein a
resolution of commendation for his work as a commissioner.
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Mayor Sanderson presented certificates of recognition to the West
Covina High School Co -Ed Dance/Drill Team for their
accomplishment at the 2005 U.S. Dance/Drill National
Competition on April 1 & 2, 2005.
• Mayor Sanderson; assisted by Environmental Management
Director Steve Samaniego and Irene Fleck of West Covina
Beautiful, presented certificates of recognition to the following
West Covina Beautiful 2005 Poster Contest Winners:
• Andrea Hamel — Merit
• Michael Wu — Merit
• Jesus Plascencia — Third Place
• Daniel Hernandez — Second Place
• Holly Ta — First Place
Mayor Sanderson assisted by Environmental Management Director
Steve Samaniego presented a proclamation to Irene Fleck and
Geneva Nixon of West Covina Beautiful for their service to the
community.
Mayor Sanderson presented Environmental Management Director
Steve Samaniego a proclamation designating April 22 as Earth
Day and a proclamation recognizing April 23 through May 21 as
Clean -Up Saturdays.
Mayor Sanderson recognized El Dia de Los Nines as April 30t'
2005.
ORAL COMMUNICATIONS Glen Nakatomi, President of the East San Gabriel Valley Japanese
Center, assisted by Michelle Roe presented the Councilmembers
with a Hocki coat and invited the Council and all residents to the
3rd annual Cherry Blossom Festival.
Herb Redholtz, West Covina resident, addressed the proposed
development of a portion of Shadow Oak Park and any negative
impact to the value of homes in the area.
Ferdy Chan, West Covina resident, thanked the Council for
recognizing Earth Day and commented on the contract with Athens
Disposal and BKK.
Anela Freeman, representing the Office of Congresswoman Hilda
Solis, announced upcoming events sponsored by the
Congresswoman and presented Mayor Pro Tem Wong with a
plaque recognizing his mother.
John Scheuplein, West Covina resident, requested Council to
expand the oral communications time limit and hold a separate
meeting date for the Community Development Commission
meetings.
Katherine Castucci, West Covina resident, addressed the loan
• request of Mr. Ziad Alhassen.
Jefferson DeRoux, West Covina resident, addressed the trashcan
placed next to his property for bus shelter usage.
Ed Casanova, West Covina resident, stated he attended the 2005
White House Conference on Aging and spoke on the need of
housing for senior citizens.
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Tyra Mason, representing the West Covina Chamber, promoted the
West Covina Farmers Market.
UPDATES/REPORTS FROM CONSULTANTS
B-1 BKK Landfill Update
• Special Counsel Colin Lennard presented staff report providing an
update of issues at the BKK Landfill site and answered questions
from Council.
John Scheuplein, West Covina resident, shared his concerns
regarding the leakage from the wells.
Ferdy Chan, West Covina resident, addressed both the Class I and
Class III areas and requested that equal attention be given to both
areas.
Royall Brown, West Covina resident, commented on the changes
to the Community Survey and encouraged the Council to also
submit a survey themselves.
Motion by Herfert and seconded by Hernandez to receive and file
the report. Motion carried 5-0.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Planning Department
Interim Urgency Ordinance Establishing a Moratorium on
Demolition of Historical Structures
C-1 Planning Director McIsaac stated that notifications were sent to
property owners with home constructed prior to 1946 and
potentially affected by the proposed ordinance and also mentioned
that the legal opinion requested at the March 29 meeting was
delivered to Council under separate cover. Staff report was
presented which provided a brief overview of what the moratorium
ordinance would do if adopted. McIsaac responded to questions
from Council.
The following individuals voiced their concerns with the specifics
of the moratorium ordinance, and the definition of "historical
structure" as defined in the ordinance.
Linda Ortega, West Covina resident
Ferdy Chan, West Covina resident
Bruce Harrison, West Covina resident
Milan McKinney, West Covina resident
Cheryl and Ed Woodbury, West Covina resident
Veronica Madrigal, West Covina resident
Cynthia Cabrera, West Covina resident
Susan Rogers, West Covina resident
Carl Rogers, West Covina resident
Gladys Jazo, West Covina resident
• A.J. Smith, West Covina resident
Marcel Jones, West Covina resident
John Simmons, West Covina resident
Annie Mondino, West Covina resident
Connie Sampson von Kohler, West Covina resident
John Scheuplein, West Covina resident
Elizabeth Hurney, West Covina resident
Andrew Bliss, West Covina resident
Miriam Tennant, representing the Historical Society
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Jerry Terry, West Covina resident
Jose Antonio Sanchez, West Covina resident
Royall Brown, West Covina resident
Glenn Jefferson, West Covina resident
Jefferson De Roux, West Covina resident
Terry Cammack, West Covina resident
• Hu Ning Li, West Covina resident
Steve Schuster, West Covina resident
Jose Cantano, West Covina resident
Diane Shellman, West Covina resident
Marcia Binnendyk, West Covina resident
Constance Bachor, West Covina resident
Councilmember Hernandez stated his support to move forward
with a historic preservation program with individuals who wish to
preserve their homes and offered the following motion.
Motion by Hernandez and seconded by Wong to table any
discussion of a moratorium and direct staff to work with the
Historical Society to develop a voluntary based preservation
program which would afford benefits to those interested in
preserving their home.
Following Council comments and discussion Mayor
Sanderson called for a vote on the motion. Motion carried 5-0.
Recess Mayor Sanderson called for a short break at 10:30 p.m. The City
Council reconvened at 10:47 p.m. with all members present.
Mayor Sanderson requested to convene the Community
Development Commission in order to bring one item forward.
Council concurred with her request.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 10:48 p.m.
to convene the Community Development Commission. The City
Council reconvened at 11:16 p.m. with all members present.
CONSENT CALENDAR Mayor Pro Tem Wong stated he would abstain from item D-6h
(Landscape Maintenance District No. 7 — Preliminary Approval of
the Engineer's Report) due to conflict of interest laws as his home
is in the district.
Mayor Sanderson and Councilmember Herfert requested the record
to reflect a no vote on itemD-5 (Resolution No. 2005-11, Approval
of Final Map for Tract No. 54099).
Herb Redholtz, Human Resources Commission chairman,
requested item D-6c be removed from the consent calendar and be
presented to the Human Resources Commission prior to coming
before the City Council.
Motion by Herfert to removed item and send to the Human
Resources Commission for review.
Following discussion regarding Commission's authority
• over the item, Herfert amends his motion to leave the item on the
Council agenda and send subject to the Human Resources
Commission as an informational item only. Motion seconded by
Hernandez. Motion carried 5-0.
D-1 Commission Summary of Actions (receive & file)
Planning 04/12/05
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D-2 Claims Against the City (deny & notify claimant or claimant's
attorney as appropriate)
a) Jose C. Ibarra vs. City of West Covina
b) Angela Williams vs. City of West Covina
c) Eduardo & Teresita Mancenido vs. City of West Covina
• D-3 Ordinances for Adoption (waive reading & adopt)
Display of Harmful Material ORDINANCE NO. 2131— AN ORDINANCE OF THE CITY
Ordinance No. 2131 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 15 OF THE WEST COVINA
MUNICIPAL CODE TO ADD ARTICLE XII REGULATING
THE DISPLAY IN PUBLIC PLACES OF MATERIAL WHICH
IS HARMFUL TO MINORS
Award of Bid
D-4 Award of Bid for Police Shotguns
Police Shotguns Recommendation is to authorize the purchase of 72 Mossberg
590A1 shotguns with specified attachments, from Allstate Police
Equipment of Claremont, CA, the lowest responsive bidder, for
$32,617.89, including tax.
Approval of Final Map
D-5 Approval of Final Map for Tract No. 54099
Location: North of Hold Avenue, South of Temple Way, East of
Grand Avenue
Subdivider: Villa Temple Way, LLC
Recommendation to waive further reading and adopt:
Resolution No. 2005-13 RESOLUTION NO. 2005-13 — A RESOLUTION OF THE CITY
Villa Temple Way, LLC COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF TRACT NO. 54099 AND
DIRECTING THE RECORDATION THEREOF (Villa Temple
Way, LLC)
(Note to reader: Resolution No. 12 and 13 are out of order and are
correct.)
Miscellaneous — Fire Department
D-6a Weed Abatement 2005 for Various Vacant Unimproved Properties
Recommendation to take the following actions:
1. Set May 3, 2005, as the date for hearing any objections or
protests to said program; and
2. Waive further reading and adopt the following ordinance:
2005 Weed Abatement RESOLUTION NO. 2005-12 — A RESOLUTION OF THE CITY
Resolution No. 2005-12 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE AND DECLARING ITS INTENTION TO REMOVE
AND ABATE THE SAME UNDER AND IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2,
CHAPTER 13, ARTICLE 2, OF THE GOVERNMENT CODE
• D-lb Weed and Rubbish Abatement Contract Extension
Gardner Tractor/Azteca Landscape Recommendation is to approve an extension of the 2004 Weed
Abatement contracts with Gardner Tractor and Azteca Landscape
for (1) year and authorize the Mayor and City Clerk to execute the
contracts.
Miscellaneous — Human Resources
D-6c Proposed Planning Aide Position (Formerly Planning Permit
Technician) — Planning Department
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Planning Aide Position Recommendation is to approve the following adjustment to the
Planning Department's FY 2005-05 authorized positions:
1. Change the Planning Permit Technician title to a Planning
Aide.
2. Reduce the salary range from $2,889-$3,512 to $2,723-$3,310
by adopting the following resolution.
Resolution No. 2005-14 RESOLUTION NO.2005-14 — A RESOLUTION OF THE CITY
isCOUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NOS. 2003-99, 2001-2, AND 7223
RELATING TO THE CLASSIFICATION, COMPENSATION
AND BENEFITS OF THE PLANNING PERMIT TECHNICIAN
(NOW REFERRED TO AS A PLANNING AIDE), AS
AMENDED
Miscellaneous — Police Department
D-6d Police Vehicle Conversion
Police Vehicle Conversion Recommendation is to the find that the City of Anaheim's bid
#6409 for police vehicle conversion satisfies West Covina's bid
process and approve the expenditure of $27,547.74 from
110.31.3110.7170, for conversion of 123 police vehicles by
Espino's Cop Shop, Inc., of Rancho Cucamonga.
D-6e Appropriating State Supplemental Law Enforcement Services
Fund (SLESF) Grant as the Required Match for On -Going Federal
Police Officer Grant
SLESF Grant Recommendation to appropriate $163,565 from the fund balance
of Fund 155 (the State Supplemental Law Enforcement Services
Fund) to 155.31.3110.5XXX, to cover the cash match requirement
associated with the on -going three police officer positions created
under the federal COPS Universal Hiring Program grant.
Miscellaneous — Public Works
D-6f Landscape Maintenance District No. 4
Preliminary Approval of the Engineer's Report
MD-4 Recommendation to waive further reading of adopt:
Resolution No. 2005-15 RESOLUTION NO. 2005-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 7, 2005 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4
COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
D-6g Landscape Maintenance District No. 6
Preliminary pproval of the Engineer's Report
MD-6 Recommendation to waive further reading of adopt:
Resolution No. 2005-16 RESOLUTION NO. 2005-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
• TO HOLD' A PUBLIC HEARING ON JUNE 7, 2005 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6
COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
D-6h Landscape Maintenance District No. 7
Preliminary Approval of the Engineer's Report
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MD-7 Recommendation to waive further reading of adopt:
Resolution No. 2005-17 RESOLUTION NO. 2005-17 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 7, 2005 FOR
• LANDSCAPE MAINTENANCE DISTRICT NO. 7
COMMENCING IN FISCAL YEAR 2005-2006 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN
THE BOUNDARIES OF THE DISTRICT
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Hernandez to waive further
reading of the ordinance and resolutions and adopt, and approve all
items listed on the Consent Calendar. Motion carried 5-0 with the
following exceptions.
Item D-5 — Approval of Final Map for Tract No. 54099 — Motion
carried 3-2 with Sanderson and Herfert voting no.
Item D-6h — Landscape Maintenance District No. 7, Preliminary
Approval of the Engineer's Report. Motion carried 4-0-1 with
Wong abstaining.
Due to the hour, Mayor Sanderson asked which Public Hearings
needed to be acted on this evening and which could be held over.
City Manager Pasmant stated only Item E-4 could be held over to
the following meeting.
HEARINGS PUBLIC HEARING
CITY OF WEST COVINA'S COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FIVE-YEAR
(2005-2010) CONSOLIDATED PLAN
E-1 Mayor Sanderson announced the public hearing. Deputy City
Clerk verified that proper legal notice had been given and Mayor
Sanderson opened the hearing. Community Services Director
Steve Samaniego presented staff report and responded to questions
from Council.
No public testimony was offered.
Motion by Herfert and seconded by Miller to approve the proposed
CDBG Five -Year (2005-2010) Consolidated Plan. Motion carried
5-0
Combing Public Hearings Mayor Sanderson requested that public hearings E-2 and E-3 be
conducted together due to their related subject matter. City
Attorney concurred it would be appropriate.
PUBLIC HEARINGS E-2 AND E-3
E-2 GALSTER PARK MASTER PLAN, AMENDMENT NO. 1
• E-3 ZONE CHANGE NO.05-04
APPLICANT: CITY OF WEST COVINA
LOCATION: WEST SIDE OF GALSTER PARK
(EAST OF AROMA DRIVE)
Mayor Sanderson announced the public hearings. Deputy City
Clerk verified that proper legal notice had been given and Mayor
Sanderson opened the hearing. Planning Director McIsaac
presented the staff report and a PowerPoint presentation
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is
•
highlighting proposed amendments to the Galster Park Master
Plan.
Public Testimonv Mayor Sanderson requested that a letter submitted by Joanne
Wilner be entered into the record.
Royall Brown, West Covina resident, urged the Council to approve
the amendments to the Master Plan as submitted.
Testimony Closed With no other speakers wishing to address Council, Mayor
Sanderson closed the public testimony.
Council Discussion Mayor Sanderson requested an amendment to the proposed trail
loop to be 12 ft in width versus 4 ft. for safety and patrolling
purposes.
Motion by Herfert and seconded by Hernandez to accept
the amendment.
Council engaged in discussion regarding the use of security
cameras at the park. It was suggested that cameras be included in
the master plan without a dedicated funding source in order to
further explore camera use and how the police department will
utilize them.
Deputy City Clerk presented
Resolution No. 2005-18 RESOLUTION NO. 2005-18 — A RESOLUTION OF THE CITY
Galster Park Master Plan OF WEST COVINA, CALIFORNIA, APPROVING GALSTER
PARK MASTER PLAN, AMENDMENT NO. 1.
Motion by Herfert and seconded by Hernandez to waive
further reading of the resolution and adopt as amended. Motion
carried 5-0.
Deputy City Clerk presented
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
Zone Change No. 05-04 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 05-04.
Motion by Herfert and seconded by Miller to waive further
reading of the ordinance and introduce. Motion carried 5-0.
PUBLIC HEARING
CODE AMENDMENT NO. 03-01
SECOND DWELLING
E-4 Deputy City verified proper legal notice had been given. Mayor
Held Over Sanderson opened the public hearing for the purpose of
entertaining a motion to hold the hearing to May 3, 2005.
Motion by Wong and seconded by Hernandez to hold the
public hearing over to the next regular scheduled meeting of May
3, 2005. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 11:50 p.m.
to reconvene the Community Development Commission. The City
Council reconvened at 12:50 p.m.
DEPARTMENTAL MATTERS PUBLIC WORKS
Award of Design Contract for Galster Park Grant Funded
Restoration (Project No. PP-04208A)
G-1 Motion by Hernandez and seconded by Miller to accept the staff
recommendation as follows
1. Accept the proposal of Purkiss Rose-RSI for the preparation of
the design plans and construction documents for Phase I
Galster Park hiking trails and recreational facilities restoration,
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and authorize the Public Works Director/City Engineer and
City Clerk to execute the contract.
2. Appropriate $11,000 from Construction Tax (Fund 161
unappropriated), $19,000 from Park (Fund 163
unappropriated), $150,000 from Community Development
• Block Grant (Fund 131 unappropriated), $135,000 from Park
Dedication Fees District E (Fund 174 unappropriated), and
$135,000 from Park Dedication Fees G (Fund 176
unappropriated) for the construction of Phase I of this project.
Royall Brown, West Covina resident, urged Council to approve
contract as outlined in recommendation no. 1 and hold the
appropriation of funds over as a separate item.
Councilmember Herfert left at 12:53 a.m.
Mayor Sanderson called for a vote on the motion. Motion carried
4-0 with Herfert absent.
CITY ATTORNEY'S OFFICE
Ordinance Amending Section 1-37.2 of the West Covina
Municipal Code
G-2 Staff report presented by City Attorney Alvarez-Glasman.
Motion by Hernandez and seconded by Miller to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 1,
SECTION 1-37.2 OF THE WEST COVINA MUNICIPAL CODE
TO INCLUDE SECTION 15-400 — 15-403 WITH THOSE
MISDEMEANORS WHICH MAY BE ENFORCED BY CITY
EMPLOYEES
Motion carried 4-0 with Herfert absent.
Councilmember Herfert requested at the beginning of the evening
that item J-2 be held over and request J-1 be held over before
leaving at 12:53 a.m..
COUNCILMEMBERS' REPORTS
Councilmember Herfert
J-1 Ziad Alhassen Memo
Held Over
Councilmember Herfert
J-2 Authorization to "Take from the Table" Various Big League
Held Over Dreams (`BLD") Project Issues. Additional Direction on
Identifying Those Matters to be Returned for Consideration at
a Subsequent City Council Meeting
• Councilmember Comments Mayor Pro Tern Wong shared his concerns with the Mayor's
attempt to rule that a Councilmembers form in presenting his
argument was out of order.
Mayor Sanderson stated her reason for the ruling, as it was her
perception of the PowerPoint presentation from a Councilmember
as a staff report not presented in advance and added that her ruling
was overturned by the Council. Mayor Sanderson requested the
City Attorney read two excerpts from the Municipal Code which
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prompted her ruling. In summation, the City Attorney stated the
Mayor governs and rules the meeting subject to review of the
balance of the Council.
Councilmember Hernandez requested to agendize Councilmember
Miller's previous request to bring back the Summer Concert series
is
and Movies in the Park with Charter Settlement funds.
•
ADJOURNMENT Motion by Wong and seconded by Hernandez to adjourn at 1:02
a.m. Motion carried 4-0.
Mayor Shelley Sanderson
ATTEST:
Deputy City C er c Susan Rush
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