HomeMy WebLinkAbout05-05-2008 MinutesCITY OF SAN BERNARDINO
300 N. D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 5, 2008
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Monday, May 5, 2008, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Brinker, Johnson,
McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent:
Council Members/Commissioners Baxter, Derry, Kelley.
Council Member/Commissioner Derry Arrived
At 1:51 p.m., Council Member/Commissioner Derry arrived at the Council/
Commission meeting.
Council Member/Commissioner Kelley Arrived
At 1:53 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
t
05/05/2008
Jane Batey v. City of San Bernardino - San Bernardino Superior Court
Case No. SCVSS 141503;
City of San Bernardino v. Jesse Mitchell - San Bernardino Superior Court
Case No. CIVSS 803274;
Maria Glander v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 123858;
011ie Dean Harris v. City of San Bernardino - San Bernardino Superior
Court Case No. 143684;
People v. Manta Management Corp. - San Bernardino Superior Court
Case No. SCV 18157.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9: 2 cases
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Fire Fighters Local Union No. 891
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
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Council Member/Commissioner McCammack requested that the following be
discussed in closed session: Agenda Item No. R26.
Closed Session Announcement
City Clerk Clark reported that the following action took place during closed
session at the Council meeting held on April 21, 2008.
In the matter of Lester Kulikoff v. City of San Bernardino, a motion was made by
Council Member/Commissioner Brinker, seconded by Council Member/
Commissioner McCammack, and unanimously approved, to authorize paying
50% of the amount of the award in lump sum to Lester Kulikoff, upon approval
of the Workmen's Compensation Appeals Board.
Regarding the employee contract for the Code Compliance Director, a motion
was made by Council Member/Commissioner Kelley, seconded by Council
Member/Commissioner Johnson, to approve the Fifth Amendment to the
Employment Agreement between Glenn D. Baude and the City of San
Bernardino.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
Council Member/Commissioner McCammack.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of Al Wilson, R & B singer/songwriter who lived in San
Bernardino for the past 50 years and was best known for his hit single "Show and Tell";
William "Bill" Katona, who served as Third Ward Councilman from 1967 to 1979, and
as Director of the Municipal Water Board from 1981 to 1993; Donna Austin, also known
as Maria Austin, who was employed by the San Bernardino County Meals on Wheels
Program, member of the International Chili Society, a World Class Cook and Nevada
State champion, and a member of Friends of San Bernardino Parks; and Paul Mordy,
who worked in the City Attorney's Office and then in the County Counsel's Office until
his retirement, and was the treasurer for the San Bernardino Community Scholarship
Association and the San Bernardino Valley Concert Association.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by Council Member/Commissioner
Brinker.
2. Appointment - Reverend Joshua Beckley - Measure Z Citizens Oversight
Committee - Mayor Morris
Note: No resume was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Reverend Joshua
Beckley to the Measure Z Citizens Oversight Committee, as requested by Mayor
Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
3. Presentations
In celebration of Cinco de Mayo, performances were provided by Ballet
Folklorico Cultural de San Bernardino, under the direction of Gloria Chavez, and
the Mariachi Juvenil de San Antonio, directed by Maria Sanchez and her
daughter, Crystal, based out of St. Anthony's School in San Bernardino.
In observance of Law Enforcement Recognition Month, Mayor/Chairman Morris
issued a Resolution of Commendation to the San Bernardino Area Chamber of
Commerce and The Sun newspaper for their annual event honoring and
recognizing law enforcement officers for their commitment and dedication to
keeping our community a safe place for all. Jack Hill accepted the award on
behalf of the Chamber.
A Resolution of Commendation was presented to Bernie, the 66ers baseball team
mascot, in appreciation of his outstanding contributions to the City of San
Bernardino and its citizens, and for creating the "Grand Slam Reading Program"
in 2007, which encourages kids to read.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
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5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission of the City of San Bernardino be approved as submitted in
typewritten form: March 17, 2008; and March 19, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated April 16, 2008,
from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as submitted
by the Interim Chief Examiner, dated April 29, 2008 in accordance with Civil
Service rules and Personnel policies adopted by the Mayor and Common Council
of the City of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
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9. Authorization for Finance Director to create a new capital improvement
project related to the North San Bernardino Industrial Park/FedEx Project
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be authorized
to amend the FY 2007/08 budget to create a new capital improvement project and
to appropriate $3,750,000 in the Street Construction Fund, Account No. XXX-
XXX-XXXX-XXXX, for the "construction of specified public infrastructure
improvements related to the North San Bernardino Industrial Park/FedEx Project
as outlined in the Federal Economic Development Administration Grant' and
budget a corresponding revenue reimbursement of $3,750,000 to be paid by
Federal EDA and Hillwood.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
10. Item Deleted
11. RES. 2008-146 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Parcel Map No. 17809,
located on the northwest comer of Fifth Street and Mount Vernon Avenue in
the Paseo Las Placitas Specific Plan, accepting the public dedications as set
forth on said map; and authorizing execution of the standard form of
agreement for the improvements in said subdivision, with time for
performance specified.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and that
the Community Development Commission authorize the Interim Executive
Director or his designee to execute Parcel Map No. 17809 and Subdivision
Agreement on behalf of the Redevelopment Agency of the City of San
Bernardino.
The motion carried and Resolution No. 2008-146 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
Baxter.
12. RES. 2008-139 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for services and
issuance of a purchase order to Grand Development & Investment Inc. DBA
Hart Construction for City Hall sewage lift station repair per RFQ F-08-16.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-139 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
13. RES. 2008-140 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a vendor service
agreement and the Director of Finance to issue a purchase order for
landscape district maintenance services in the amount of $353,085.75 to
Service Scape for Assessment District Areas "A", °`B", i°C", "E" and "J";
and in the amount of $93,633.88 to Golden West Landscape Contractor for
Assessment District Areas "D", "F", "G", "H" and "I".
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-140 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
14. RES. 2008-141 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
1 to Contract 05/06-747-0056 RD, 2007-320 with the San Bernardino City
Unified School District to include Exhibit A: Fee Schedule 07/08 April 24,
2008.
City Attorney Penman abstained because his wife is a member of the school
board. He advised that Special Counsel Sabo had reviewed the documents.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-141 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
15. RES. 2008-142 - Resolution of the City of San Bernardino authorizing the
execution of a services agreement and issuance of a purchase order to
implement Phase I of a replacement network video recording system from
HCI, Inc., of Norco, California.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Director of Finance be authorized to amend both the FY 2007/08 Law
Enforcement Development Impact Fees and FY 2007 LETPP grant budgets to
reflect the following transfers: $46,421 from Account No. 261481-5502 to
Account No. 261-481-5704 and $106,078 from Account No. 123-772-5502 to
Account No. 123-772-5704.
The motion carried and Resolution No. 2008-142 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
Baxter.
16. RES. 2008-143 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to annual Purchase Order
Number 208213 by $21,300 issued to the County of San Bernardino Solid
Waste Management Division for street sweeping and right-of-way crew waste
fees.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-143 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
17. RES. 2008-144 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the approval of Amendment No. 1 to the
Vendor Service Agreement and increase to Purchase Order Number 208394
by $22,000 issued to West Coast Arborists, Inc. for tree trimming services
along the IWM collection routes.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-144 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
18. RES. 2008-145 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
Purchase Order Number 208412 by an additional $22,000 issued to Matich
Corporation for asphalt materials.
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City Attorney Penman abstained because Matich Corporation has made
contributions to his City Attorney campaign. He advised that Special Counsel
Sabo had reviewed the documents.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-145 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Baxter.
19. Resolutions authorizing increases to Contract Purchase Order No. 08-062 in
the amount of $230,000 to Matich Corporation and Contract Purchase Order
No. 08-063 in the amount of $25,000 to Pavement Recycling Systems
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to Contract Purchase Order Number 08-062 in the
amount of $230,000 to Matich Corporation pursuant to Section 3.04.010 B-3
of the Municipal Code for additional street paving services. (19A)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the approval of Amendment No. 1 to the Vendor Service
Agreement and increase to Contract Purchase Order Number 08-063 in the
amount of $25,000 to Pavement Recycling Systems, Inc. pursuant to Section
3.04.010 B-3 of the Municipal Code for additional cold planing services,
labor and equipment rental for city street repairs. (19B)
City Attorney Penman abstained because Matich Corporation has made
contributions to his City Attorney campaign. He advised that Special Counsel
Sabo had reviewed the documents.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
20. RES. 2008-147 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 208043 by
an additional $15,000 and approving Amendment No. 1 to Agreement for
Parking Citation Processing Services with Phoenix Group Information
Systems.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to transfer $15,000 from the Facilities
Management FY 2007/08 budget Account No. 001-326-5011 (Salaries) to
Account No. 001-326-5502 (Contractual Services).
The motion carried and Resolution No. 2008-147 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Brinker, Johnson,
McCammack. Nays: Council Member/Commissioner Kelley. Absent: Council
Members/Commissioners Baxter, Derry.
21. RES. 2008-148 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) and authorizing the City Manager to
execute an MOU with County Probation to provide expanded G.R.E.A.T.
training at San Bernardino City Unified School District schools.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-148 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Baxter, Derry.
22. Preliminary Review of the Urban Area Security Initiative (UASI) Grant
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that the grant application be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Baxter, Derry.
23. Public hearing - ordinance adding Chapter 8.02 to the San Bernardino
Municipal Code relating to the inspection grading of food establishments
(Continued from April 7, 2008)
An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San
Bernardino Municipal Code and adopting, by reference, San Bernardino
County Code Chapter 14 of Division 3 of Title 3, relating to the inspection
grading of food establishments. FIRST READING.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Baxter, Derry.
24. Public hearing — resolution establishing certain fees for services furnished by
the City of San Bernardino, amending Resolution Nos. 89471 and 91-148
and repealing Resolution No. 2006-325 (Continued from April 21, 2008)
RES. 2008-149 — Resolution of the City of San Bernardino establishing
certain fees for services furnished by the City of San Bernardino, amending
Resolution Nos. 89-471 and 91-148 and repealing Resolution No. 2006-325.
The hearing remained open.
City Manager Wilson stated that this matter was referred to the Ways and Means
Committee, and at their meeting of April 29, 2008, they looked at the various
fees that were recommended and requested that staff provide additional
information on certain fees from the City Clerk's Office, Development Services,
Parks and Recreation, the Police Department and Code Enforcement. He stated
that approximately 14 fees were deleted from the action list and those fees would
be addressed by the Ways and Means Committee on Wednesday. Mr. Wilson
stated that the total amount of revenue was estimated to be $1,553,000, and of
that amount, $1 million was set aside to fund the single-family residential
inspection program. He added that the net amount to the General Fund would be
about $450,000 annually by this action.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2008-149 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry,
Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent:
Council Member/Commissioner Baxter.
25. Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 9.92.020 relating to the Administrative Law Officer
for the Administrative Citation Process. FIRST READING (Continued from
April 21, 2008)
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
COMMUNITY DEVELOPMENT COMMISSION
R26. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
a Loan Guarantee Agreement to Arrowhead Credit Union and to accept the
Loan Guarantee from Center Chevrolet and its principals to the Agency
(Central City South Redevelopment Project Area). (Continued from April 21,
2008)
Note: No backup materials were distributed.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of May 19, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
27. Public Comments
James Smith, 1156 E. 24' Street, San Bernardino, CA, spoke about the
dedication of three new schools in the City of San Bernardino.
Ken Durr, 1661 E. Mesa Verde, San Bernardino, CA, reported that a little over
two weeks ago a large piece of metal artwork and other scrap metal objects were
stolen from the yard of one of his spec homes, and that his neighbor had $2,000
to $3,000 in chain link fencing and pipe stolen. Mr. Duff stated that he would
like to work with the City on starting a grassroots program to curtail this
problem, and added that he would like to see video cameras installed at all scrap
metal yards.
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28. Adjournment
At 4:54 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, May 19, 2008, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
Deputy City Clerk
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